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10/22/2019 (3)
BOARD OF COUNTY COMMISSIONERS AVER INDIAN RIVER COUNTY FLORIDA f '' COMMISSION AGENDA t TUESDAY, OCTOBER 22,2019 -9:00 AM F Commission Chambers '4ta ORO) Indian River County Administration Complex 1801 27th Street,Building A Vero Beach,Florida,32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari,Chairman,District 5 Jason E.Brown,County Administrator Susan Adams,Vice Chairman,District 1 Dylan Reingold,County Attorney Joseph E.Flescher,District 2 Jeffrey R Smith,Clerk of the Circuit Court and Comptroller Peter D.O'Bryan,District 4 Tim Zorc,District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Reverend Scott Alexander,Unitarian Universalist Fellowship of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA S.A. Checks and Electronic Payments August 23,2019 to August 29,2019 Attachments:Finance Department Staff Report 8.B. Checks and Electronic Payments September 27,2019 to October 3,2019 Attachments:Finance Department Staff Report October 22,2019 Page 1 of 5 8.C. Checks and Electronic Payments October 4,2019 to October 10,2019 Attachments:Finance Department Staff Report 8.D. Resolution Canceling Taxes on a Property Purchased by the City of Fellsmere for Public Purposes Attachments:Staff Report Resolution E-Mail Request 8.E. Waiver of Interest on Demolition Lien Attachments:Staff Report 8.F. Resolution Formally Designating Two Parcels of County Owned Property as Right-Of-Way Located at 5030 26th Street and 5920 26th Street Attachments:Staff Report Resolution Exhibit "A" (5030 26th Street row) Exhibit "A" (5920 26th Street row) Exhibit "B" (5030 25th Street remainder) 8.G. Resolution Formally Designating a Portion of County Owned Property as Right-Of-Way Located at 5020 26th Street Attachments:Staff Report Resolution Exhibit "A"to Resolution Exhibit "B" to Resolution 8.H. 2020 Oblique Aerial Imagery Acquisition Project Attachments:Staff Report Map of Aerial Imagery Coverage and Project Limits Agreement between Pictometry International Corp. and Indian River County Pictometry Insurance 8.I. FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature for 43rd Avenue Sidewalk Improvements from Airport Drive West to 41st Street(IRC-1503),FM No. 440019-1-58-01 Attachments:Staff Report IRC Grant Form Authorizing Resolution FDOT Local Agency Program (LAP) Agreement October 22,2019 Page 2 of 5 8.J. IRC Courthouse renovation project-ACS keycard security/access systems Attachments:Staff Report Securitas Court House Renovation Proposal 148795 8.K. Third Amendment to Elevated Water Tank Space License Agreement with Sprint Attachments:Staff Report Third Amendment to Elevated Water Tank Space License Agreement 8.L. Work Order No. 23 with Kimley-Hom for Bulk Caustic Tank Replacement at North (Hobart)County Reverse Osmosis Water Treatment Plant Attachments:Staff Report Work Order No 23 Bulk Caustic Tank Replacement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for November 5, 2019 to Consider Hanlex Development, LLC's Request to Rezone +/- 4.40 Acres from CN, Neighborhood Commercial District, to CL, Limited Commercial District (Subject Property 1) and Sogra Properties, LLC Request to Rezone +/- 1.037 Acres from CN, Neighborhood Commercial District, to CL, Limited Commercial District (Subject Property 2) [RZON-99040166-85162]. Subject Property 1 is located north of South Dike and Ditch (Indian River County/St. Lucie County line), and east of 27th Avenue SW. Subject Property 2 is located west of 27th Avenue SW, east of 27th Drive SW, and approximately 315 feet north of 25th Street SW. [Quasi-Judicial] Attachments:Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Affordable Housing Advisory Committee Membership Attachments:Staff Report Portion of IRC Code Chapter 308 IRC Resolution 2008-038 Florida Statute 420.9076 State/County AHAC Membership October 22,2019 Page 3 of 5 12.A.2. Establishment of a Census 2020 Complete Count Committee Attachments:Staff Report B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 11th Drive Developer's Agreement Projectp Attachments:Staff Report Developer's Agreement - Russell-Riverfront 10.9.19 Exhibit A Exhibit B Exhibit C 13.B. Request for Closed Attorney-Client Session Relating to Ocean Concrete, Inc. and George Maib vs. Indian River County(Case No.: 312007CA011589) Attachments:Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari,Chairman B. Commissioner Susan Adams,Vice Chairman C. Commissioner Joseph E.Flescher D. Commissioner Peter D.O'Bryan E. Commissioner Tim Zorc Commissioners Open Dialogue 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District October 22,2019 Page 4 of 5 15.B.1. Recycling at Charter Schools Attachments:Staff Report 15.B.2. Ranking of Firms for RFP 2019045-Yard Waste Processing and Recycling Attachments:Staff Report Letter of Protest from Atlas Organics Response to Protest from Atlas Organics Letter of Protest from PJs Land Clearing Response to Protest from PJs Land Clearing Mr Mulch 90-Day Notice of Termination C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act(ADA)Coordinator at(772)226-1223 at least 48 hours in advance of meeting. • Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office,the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. October 22,2019 Page 5 of 5 INVOCATION INDIAN RIVER COUNTY COMMISIONERS MEETING Tuesday, October 22, 2019 Dear God, That ever-present spirit that breathes love and connection and belonging so faithfully across our broken world, Help us this hour to remember that-there. is,no "Us" and "Them" in your creation... Help us to remember that you made us all irretrievably "in your holy image"-- no matter: • what color of skin... • what language of tongue... • what music of soul... • what place of birth... • what faith of heart... • what orientation of love, identity or gender... We are all your children... Precious...particular...holy. May we govern ourselves (across this wide world...and here in this local community)... Never forgetting our indissoluble belonging to one another...as children of God...equally beautiful...the one human family clinging to earth (and one another) for life and being. Amen. 8.A. JEFFREY R. SMITH, CPA, CGFO, CGMA comp,. ., Clerk of Circuit Court&Comptroller1 °`• •b v°p�`m Finance Department �" 1801 27th StreetVZ9``R, '111 AP c Vero Beach,FL 32960 y4� ��.OU.* , '4SFR ONY{ TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 29, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 23, 2019 to August 29,2019 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 23, 2019 to August 29, 2019. • • 1 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 385920 08/23/2019 UNITED WAY OF INDIAN RIVER COUNTY 656.00 385921 08/23/2019 BLUE CROSS&BLUE SHIELD OF FLORIDA INC 633.10 385922 08/23/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 385923 08/23/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 303.42 385924 08/23/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 385925 08/23/2019 NORTH CAROLINA CHILD SUPPORT 105.69 385926 08/23/2019 ECMC 295.62 385927 08/23/2019 NORTH CAROLINA DEPARTMENT OF REVENUE 88.76 385928 08/23/2019 COMMONWEALTH OF MASSACHUSETTS 154.00 385929 08/23/2019 KANSAS PAYMENT CENTER 219.69 385930 08/27/2019 PAUL CARONE 4,241.00 385931 08/27/2019 WILLIE C REAGAN 1,463.00 385932 08/27/2019 LARRY STALEY 593.00 385933 08/27/2019 PINNACLE GROVE LTD 3,158.00 385934 08/27/2019 VERO CLUB PARTNERS LTD 3,181.00 385935 08/27/2019 DAVID SPARKS 1,407.00 385936 08/27/2019 THE PALMS AT VERO BEACH 1,131.00 385937 08/27/2019 JOHN OLIVIERA 856.00 385938 08/27/2019 ARTHUR PRUETT 756.00 385939 08/27/2019 MICHAEL JAHOLKOWSKI 547.00 385940 08/27/2019 STEVEN RENNICK 661.00 385941 08/27/2019 LUCY B HENDRICKS 807.00 385942 08/27/2019 SUNCOAST REALTY&RENTAL MGMT LLC 641.00 385943 08/27/2019 SYLVESTER MC INTOSH 365.00 385944 08/27/2019 PAULA WHIDDON 553.00 385945 08/27/2019 JAMES W DAVIS 433.00 385946 08/27/2019 MISS INC OF THE TREASURE COAST 6,532.00 385947 08/27/2019 DANIEL CORY MARTIN 1,294.00 385948 08/27/2019 PAULA ROGERS&ASSOCIATES INC 660.00 385949 08/27/2019 FIVE STAR PROPERTY HOLDING LLC 830.00 385950 08/27/2019 E EDWARD VAANDERING 1,875.00 385951 08/27/2019 VALAPTSLLC 818.00 385952 08/27/2019 AUGUSTUS B FORT JR 641.00 385953 08/27/2019 H&H SHADOWBROOK LLC 563.00 385954 08/27/2019 VERO BEACH PLACE LLC 2,133.00 385955 08/27/2019 GNS REAL ESTATE HOLDINGS LLC 1,135.00 385956 08/27/2019 COALITION FOR ATTAINABLE HOMES INC 1,741.00 385957 08/27/2019 HELPING HANDS REAL ESTATE&INVESTMENT CO 3,729.00 385958 08/27/2019 ALIX DENEAU 750.00 385959 08/27/2019 NKW PIP HOLDINGS I LLC 2,868.00 385960 08/27/2019 MAXIPLEX LLC 2,264.00 385961 08/27/2019 RANDY BETHEL 751.00 385962 08/27/2019 WATSON REALTY GROUP 758.00 385963 08/27/2019 KARL POKRANDT 747.00 385964 08/27/2019 BRANDON ROUER 1,325.00 385965 08/27/2019 HUDSON CONSULTING&MANAGEMENT LLC 552.00 385966 08/27/2019 PALMETTO PROPERTY MANAGEMENT CORP 935.00 385967 08/27/2019 HAMM SILMANE 750.00 385968 08/27/2019 PAMELA CHAVEZ 744.00 385969 08/27/2019 PHILIPPE ALEXANDER 700.00 385970 08/27/2019 STANLEY L JENNINGS 795.00 385971 08/27/2019 STANLEY L JENNINGS 750.00 385972 08/27/2019 SHARON P BRENNAN 556.00 385973 08/27/2019 JANINA M GIORGIO 885.00 385974 08/27/2019 CORNELIAHLAHEY 1,126.00 385975 08/27/2019 IXORIALLC 1,422.00 385976 08/27/2019 CARLINGTON A GOFFE 703.00 385977 08/27/2019 MAIDA GONZALEZ 240.00 2 TRANS NBR DATE VENDOR AMOUNT 385978 08/29/2019 UTIL REFUNDS 28.25 385979 08/29/2019 UTIL REFUNDS 47.84 385980 08/29/2019 UTIL REFUNDS 78.49 385981 08/29/2019 UTIL REFUNDS 83.65 385982 08/29/2019 UTIL REFUNDS 23.46 385983 08/29/2019 UTIL REFUNDS 79.70 385984 08/29/2019 UTIL REFUNDS 58.04 385985 08/29/2019 UTIL REFUNDS 164.97 385986 08/29/2019 UTIL REFUNDS 71.00 385987 08/29/2019 UTIL REFUNDS 85.06 385988 08/29/2019 UTIL REFUNDS 98.22 385989 08/29/2019 UTIL REFUNDS 80.21 385990 08/29/2019 UTIL REFUNDS 33.61 385991 08/29/2019 UTIL REFUNDS 37.48 385992 08/29/2019 UTIL REFUNDS 56.41 385993 08/29/2019 UTIL REFUNDS 103.59 385994 08/29/2019 UTIL REFUNDS 78.19 385995 08/29/2019 UTIL REFUNDS 260.17 385996 08/29/2019 UTIL REFUNDS 81.71 385997 08/29/2019 UTIL REFUNDS 66.50 385998 08/29/2019 UTIL REFUNDS 79.05 385999 08/29/2019 UTIL REFUNDS 15.70 386000 08/29/2019 UTIL REFUNDS 23.55 386001 08/29/2019 UTIL REFUNDS 29.76 386002 08/29/2019 UTIL REFUNDS 70.46 386003 08/29/2019 UTIL REFUNDS 41.01 386004 08/29/2019 UTIL REFUNDS 42.63 386005 08/29/2019 UTIL REFUNDS 70.45 386006 08/29/2019 UTIL REFUNDS 40.72 386007 08/29/2019 UTIL REFUNDS 46.86 386008 08/29/2019 UT1L REFUNDS 90.98 386009 08/29/2019 UTIL REFUNDS 88.06 386010 08/29/2019 UTIL REFUNDS 18.00 386011 08/29/2019 UTIL REFUNDS 45.98 386012 08/29/2019 UTIL REFUNDS 23.36 386013 08/29/2019 UTIL REFUNDS 60.89 386014 08/29/2019 UTIL REFUNDS 64.72 386015 08/29/2019 UTIL REFUNDS 60.62 386016 08/29/2019 UTIL REFUNDS 43.24 386017 08/29/2019 UTIL REFUNDS 25.54 386018 08/29/2019 UTIL REFUNDS 89.13 386019 08/29/2019 UTIL REFUNDS 35.75 386020 08/29/2019 UTIL REFUNDS 69.72 386021 08/29/2019 UTIL REFUNDS 53.35 386022 08/29/2019 UTIL REFUNDS 53.70 386023 08/29/2019 UTIL REFUNDS 75.19 386024 08/29/2019 UTIL REFUNDS 44.20 386025 08/29/2019 UT1L REFUNDS 25.30 386026 08/29/2019 UTIL REFUNDS 42.96 386027 08/29/2019 UTIL REFUNDS 28.95 386028 08/29/2019 UTIL REFUNDS 40.27 386029 08/29/2019 UTIL REFUNDS 33.81 386030 08/29/2019 UTIL REFUNDS 136.67 386031 08/29/2019 UTIL REFUNDS 84.21 386032 08/29/2019 UTIL REFUNDS 77.62 386033 08/29/2019 UTIL REFUNDS 19.36 386034 08/29/2019 UTIL REFUNDS 1.94 386035 08/29/2019 UTIL REFUNDS 99.27 386036 08/29/2019 UTIL REFUNDS 37.23 386037 08/29/2019 UTIL REFUNDS 46.05 3 TRANS NBR DATE VENDOR AMOUNT 386038 08/29/2019 UTIL REFUNDS 73.86 386039 08/29/2019 UTIL REFUNDS 4.04 386040 08/29/2019 UTIL REFUNDS 75.14 386041 08/29/2019 UTIL REFUNDS 79.79 386042 08/29/2019 UTIL REFUNDS 39.95 386043 08/29/2019 UTIL REFUNDS 48.64 386044 08/29/2019 UTIL REFUNDS 87.96 386045 08/29/2019 UTIL REFUNDS 69.34 386046 08/29/2019 UTIL REFUNDS 57.44 386047 08/29/2019 UTIL REFUNDS 39.72 386048 08/29/2019 UTIL REFUNDS 26.54 386049 08/29/2019 UTIL REFUNDS 29.40 386050 08/29/2019 UTIL REFUNDS 3.76 386051 08/29/2019 UTIL REFUNDS 181.46 386052 08/29/2019 UTIL REFUNDS 53.53 386053 08/29/2019 UTIL REFUNDS 144.99 386054 08/29/2019 UTIL REFUNDS 15.16 386055 08/29/2019 UTIL REFUNDS 83.53 386056 08/29/2019 UTIL REFUNDS 29.49 386057 08/29/2019 UTIL REFUNDS 108.28 386058 08/29/2019 UT1L REFUNDS 26.91 386059 08/29/2019 UTIL REFUNDS 38.87 386060 08/29/2019 UTIL REFUNDS 38.13 386061 08/29/2019 UTIL REFUNDS 70.01 386062 08/29/2019 UTIL REFUNDS 69.64 386063 08/29/2019 UTIL REFUNDS 38.16 386064 08/29/2019 UTIL REFUNDS 78.84 386065 08/29/2019 UTIL REFUNDS 35.47 386066 08/29/2019 UTIL REFUNDS 23.76 386067 08/29/2019 UTIL REFUNDS 35.15 386068 08/29/2019 UTIL REFUNDS 68.60 386069 08/29/2019 UTIL REFUNDS 57.89 386070 08/29/2019 UTIL REFUNDS 43.26 386071 08/29/2019 UTIL REFUNDS 30.23 386072 08/29/2019 UTIL REFUNDS 12.39 386073 08/29/2019 UTIL REFUNDS 86.23 386074 08/29/2019 UTIL REFUNDS 4.10 386075 08/29/2019 UTIL REFUNDS 62.75 386076 08/29/2019 UTIL REFUNDS 32.03 386077 08/29/2019 UTIL REFUNDS 52.47 386078 08/29/2019 UTIL REFUNDS 22.80 386079 08/29/2019 UTIL REFUNDS 77.95 386080 08/29/2019 UTIL REFUNDS 78.52 386081 08/29/2019 UTIL REFUNDS 45.58 386082 08/29/2019 UTIL REFUNDS 45.51 386083 08/29/2019 UTIL REFUNDS 8.12 386084 08/29/2019 UTIL REFUNDS 65.90 386085 08/29/2019 UTIL REFUNDS 52.40 386086 08/29/2019 UTIL REFUNDS 47.11 386087 08/29/2019 UTIL REFUNDS 37.38 386088 08/29/2019 UTIL REFUNDS 72.70 386089 08/29/2019 UT1L REFUNDS 11.38 386090 08/29/2019 UTIL REFUNDS 10.05 386091 08/29/2019 UTIL REFUNDS 56.46 386092 08/29/2019 UTIL REFUNDS 65.57 386093 08/29/2019 UTIL REFUNDS 37.29 386094 08/29/2019 UTIL REFUNDS 48.69 386095 08/29/2019 UTIL REFUNDS 100.35 386096 08/29/2019 UTIL REFUNDS 9.74 386097 08/29/2019 UTIL REFUNDS 56.27 4 TRANS NBR DATE VENDOR AMOUNT 386098 08/29/2019 UTIL REFUNDS 37.24 386099 08/29/2019 UTIL REFUNDS 40.58 386100 08/29/2019 UTIL REFUNDS 63.80 386101 08/29/2019 UTIL REFUNDS 78.49 386102 08/29/2019 UTIL REFUNDS 47.35 386103 08/29/2019 UTIL REFUNDS 25.80 386104 08/29/2019 UTIL REFUNDS 1.22 386105 08/29/2019 UTIL REFUNDS 52.71 386106 08/29/2019 UTIL REFUNDS 43.48 386107 08/29/2019 UTIL REFUNDS 76.13 386108 08/29/2019 UTIL REFUNDS 42.77 386109 08/29/2019 UTIL REFUNDS 70.00 386110 08/29/2019 UTIL REFUNDS 45.90 386111 08/29/2019 UTIL REFUNDS 24.50 386112 08/29/2019 UTIL REFUNDS 81.07 386113 08/29/2019 UTIL REFUNDS 233.68 386114 08/29/2019 UTIL REFUNDS 38.92 386115 08/29/2019 UTIL REFUNDS 35.36 386116 08/29/2019 UTIL REFUNDS 68.72 386117 08/29/2019 UTIL REFUNDS 114.12 386118 08/29/2019 UTIL REFUNDS 54.44 386119 08/29/2019 UTIL REFUNDS 15.55 386120 08/29/2019 PORT CONSOLIDATED INC 444.64 386121 08/29/2019 STURGIS LUMBER&PLYWOOD CO 108.78 386122 08/29/2019 COMMUNICATIONS INTERNATIONAL 44.00 386123 08/29/2019 COMMUNICATIONS INTERNATIONAL 668.20 386124 08/29/2019 SSES INC 616.35 386125 08/29/2019 VERO CHEMICAL DISTRIBUTORS INC 638.75 386126 08/29/2019 PALMDALE OIL COMPANY INC 6,648.09 386127 08/29/2019 RICOH USA INC 7.85 386128 08/29/2019 KIMLEY HORN&ASSOC INC 19,589.06 386129 08/29/2019 HENRY SCHEIN INC 777.88 386130 08/29/2019 SAFETY PRODUCTS INC 1,056.98 386131 08/29/2019 AT&T WIRELESS 1,659.91 386132 08/29/2019 DATA FLOW SYSTEMS INC 835.00 386133 08/29/2019 THOMAS P WHITE 911.00 386134 08/29/2019 SEWELL HARDWARE CO INC 88.00 386135 08/29/2019 B G KENN INC 590.01 386136 08/29/2019 DELTA SUPPLY CO 1,036.76 386137 08/29/2019 GRAINGER 1,119.51 386138 08/29/2019 GRAYBAR ELECTRIC 3,031.29 386139 08/29/2019 TEMPLE INC 19,636.00 386140 08/29/2019 MCMASTER CARR SUPPLY CO 171.70 386141 08/29/2019 WILD LAND ENTERPRISES INC 43.05 386142 08/29/2019 HACH CO 3,628.43 386143 08/29/2019 H B S INC 1,660.00 386144 08/29/2019 LFI FORT PIERCE INC 3,630.32 386145 08/29/2019 CLIFF BERRY INC 595.75 386146 08/29/2019 PARKSON CORPORATION 4,489.19 386147 08/29/2019 BOUND TREE MEDICAL LLC 659.09 386148 08/29/2019 PETES CONCREI•L 1,850.00 386149 08/29/2019 VERO INDUSTRIAL SUPPLY INC 496.48 386150 08/29/2019 CARTER ASSOCIATES INC 2,122.40 386151 08/29/2019 DELL MARKETING LP 310.00 386152 08/29/2019 BAKER&TAYLOR INC 4,825.53 386153 08/29/2019 BRANDTS APPLIANCE SERVICE INC 94.00 386154 08/29/2019 MIDWEST TAPE LLC 1,828.01 386155 08/29/2019 NORTHERN SAFETY CO INC 345.91 386156 08/29/2019 METTLER TOLEDO INC 775.59 386157 08/29/2019 BAKER DISTRIBUTING CO LLC 287.31 5 TRANS NBR DATE VENDOR AMOUNT 386158 08/29/2019 CENGAGE LEARNING INC 703.91 386159 08/29/2019 PENWORTHY COMPANY 2,022.63 386160 08/29/2019 VERO BEACH EDGEWOOD PLACE LP 350.00 386161 08/29/2019 TINDALE-OLIVER&ASSOCIATES INC 18,498.88 386162 08/29/2019 INDIAN RIVER COUNTY HEALTH DEPT 294.00 386163 08/29/2019 INDIAN RIVER COUNTY HEALTH DEPT 58,022.25 386164 08/29/2019 VICTIM ASSISTANCE PROGRAM 5,746.83 386165 08/29/2019 ROGER J NICOSIA 1,500.00 386166 08/29/2019 CITY OF VERO BEACH 4,120.25 386167 08/29/2019 CITY OF VERO BEACH 2,169.15 386168 08/29/2019 CITY OF VERO BEACH 11,787.50 386169 08/29/2019 CDM SMITH INC 1,457.00 386170 08/29/2019 INDIAN RIVER ALL FAB INC 477.05 386171 08/29/2019 PETTY CASH 9,500.00 386172 08/29/2019 UNITED STATES POSTAL SERVICE 20,000.00 386173 08/29/2019 JANITORIAL DEPOT OF AMERICA INC 1,366.59 386174 08/29/2019 TREASURE COAST HOMELESS SERVICES 9,805.46 386175 08/29/2019 PUBLIX SUPERMARKETS 42.14 386176 08/29/2019 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 386177 08/29/2019 FLORIDA WATER&POLLUTION CONTROL 30.00 386178 08/29/2019 FEDERAL EXPRESS CORP 6.64 386179 08/29/2019 FEDERAL EXPRESS CORP 86.59 386180 08/29/2019 FEDERAL EXPRESS CORP 105.99 386181 08/29/2019 MORGAN&EKLUND INC 5,974.50 386182 08/29/2019 FLORIDA POWER AND LIGHT 117,416.78 386183 08/29/2019 FLORIDA POWER AND LIGHT 21,262.76 386184 08/29/2019 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 386185 08/29/2019 GIFFORD YOUTH ACHIEVEMENT CENTER INC 8,134.63 386186 08/29/2019 PEACE RIVER ELECTRIC COOP INC 181.65 386187 08/29/2019 KENNETH CAMPBELL SENIOR 80.00 386188 08/29/2019 AMERON HOMES 500.00 386189 08/29/2019 GLOBAL GOLF SALES INC 373.79 386190 08/29/2019 TREASURE COAST SPORTS COMMISSION INC 5,066.06 386191 08/29/2019 ALAN C KAUFFMANN 180.00 386192 08/29/2019 ARNOLD AIR CONDITONING INC 240.00 386193 08/29/2019 G K ENVIRONMENTAL INC 1,479.00 386194 08/29/2019 CAPE PUBLICATIONS INC 645.72 386195 08/29/2019 VERO CLUB PARTNERS LTD 352.00 386196 08/29/2019 INDIAN RIVER COUNTY HOUSING AUTHORITY 372.00 386197 08/29/2019 ECONOLITE CONTROL PRODUCTS INC 73,680.88 386198 08/29/2019 PELICAN ISLAND AUDUBON SOCIETY INC 7,243.03 386199 08/29/2019 ST LUCIE COUNTY BOCC 37,863.91 386200 08/29/2019 THE PALMS AT VERO BEACH 1,157.00 386201 08/29/2019 TRANE US INC 2,860.68 386202 08/29/2019 CINTAS CORPORATION NO 2 114.16 386203 08/29/2019 CONTROL SYSTEMS DESIGN INC 2,700.00 386204 08/29/2019 VAN WAL INC 180.00 386205 08/29/2019 SYNAGRO-WWT INC 64,702.90 386206 08/29/2019 FASTENAL COMPANY 193.83 386207 08/29/2019 SOUTHERN JANITOR SUPPLY INC 1,866.15 386208 08/29/2019 3-D FENCING LLC 2,070.47 386209 08/29/2019 MASTELLER&MOLER INC 5,250.00 386210 08/29/2019 ETR LLC 471.44 386211 08/29/2019 STAPLES CONTRACT&COMMERCIAL INC 31.65 386212 08/29/2019 HEVERON GROUP INC 19,039.00 386213 08/29/2019 GERELCOM INC 12,408.84 386214 08/29/2019 FLORIDA SUPERIOR SAND INC 510.19 386215 08/29/2019 JOHNNY B SMITH 160.00 386216 08/29/2019 GLOBALSTAR USA 192.53 386217 08/29/2019 CHARLES A WALKER 100.00 6 TRANS NBR DATE VENDOR AMOUNT 386218 08/29/2019 AMANDA PERUZZI 30.00 386219 08/29/2019 TRADEWINDS POWER CORP 79,001.43 386220 08/29/2019 F.J.NUGENT&ASSOC 5,457.00 386221 08/29/2019 KWACKS INC 1,149.00 386222 08/29/2019 WINSUPPLY OF VERO BEACH 374.81 386223 08/29/2019 SANDY ARACENA 120.00 386224 08/29/2019 BENNETT FIRE PRODUCTS CO INC 94,122.00 386225 08/29/2019 A THOMAS CONSTRUCTION INC 4,750.00 386226 08/29/2019 AMERICAN TRAFFIC SAFETY 388.00 386227 08/29/2019 DE LA HOZ BUILDERS INC 12,764.30 386228 08/29/2019 FLORIDA ARMATURE WORKS INC 880.90 386229 08/29/2019 OVERDRIVE INC 4,877.80 386230 08/29/2019 KEITH GROCHOLL 40.00 386231 08/29/2019 VEROTOWN LLC 726.20 386232 08/29/2019 LOWES HOME CENTERS INC 2,050.84 386233 08/29/2019 CARDINAL HEALTH 110 INC 3,636.03 386234 08/29/2019 ALEX MIKLO 40.00 386235 08/29/2019 BURNETT LIME CO INC 15,906.80 386236 08/29/2019 SOUTHWIDE INDUSTRIES INC 12,389.00 386237 08/29/2019 PENGUIN RANDOM HOUSE LLC 185.40 386238 08/29/2019 STRAIGHT OAK LLC 54.85 386239 08/29/2019 SOUTHERN MANAGEMENT LLC 17,890.00 386240 08/29/2019 STEWART&STEVENSON FDDA LLC 585.50 386241 08/29/2019 DEBORAH CUEVAS 40.00 386242 08/29/2019 CHEMTRADE CHEMICALS CORPORTATION 2,862.22 386243 08/29/2019 TRINOVA-FLORIDA INC 982.10 386244 08/29/2019 THE LAW OFFICES OF 1,242.00 386245 08/29/2019 NAPIER&ROLLIN PLLC 120.00 386246 08/29/2019 SWARCO INDUSTRIES INC 29,303.28 386247 08/29/2019 SYLIVIA MILLER 2,074.00 386248 08/29/2019 HAWKINS INC 1,435.50 386249 08/29/2019 ANFIELD CONSULTING GROUP INC 10,000.00 386250 08/29/2019 FLORITURF SOD INC 315.00 386251 08/29/2019 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,473.50 386252 08/29/2019 CAREFREE RANCH 1,000.00 386253 08/29/2019 CATHEDRAL CORPORATION 3,127.95 386254 08/29/2019 UNIFIRST CORPORATION 1,275.43 386255 08/29/2019 SITEONE LANDSCAPE SUPPLY LLC 263.50 386256 08/29/2019 GOTTA GO GREEN ENTERPISES INC 54.87 386257 08/29/2019 ADVANCE STORES COMPANY INCORPORATED 467.58 386258 08/29/2019 ACTIVE MOBILITY&DESIGN INC 2,107.00 386259 08/29/2019 TRIPLE L IRRIGATION INC 1,880.00 386260 08/29/2019 EASTERN PIPELINE CONSTRUCTION INC 1,950.00 386261 08/29/2019 AC VETERINARY SPECIALTY SERVICES 154.51 386262 08/29/2019 EDWARD ILLIDGE 60.00 386263 08/29/2019 HELPING HANDS REAL ESTATE&INVESTMENT CO 1,000.00 386264 08/29/2019 MATHESON TRI-GAS INC 10,588.50 386265 08/29/2019 PEOPLE READY INC 4,697.12 386266 08/29/2019 ROBERT 0 RICHARDSON III 120.00 386267 08/29/2019 EMILY GOUGE 40.00 386268 08/29/2019 COLE AUTO SUPPLY INC 532.91 386269 08/29/2019 RHOADES AIR&HEAT 332.00 386270 08/29/2019 CANON FINANCIAL SERVICES INC 245.87 386271 08/29/2019 KONICA MINOLTA BUSINESS SOLUTIONS 564.48 386272 08/29/2019 BETH NOLAN 86.00 386273 08/29/2019 ADVANCED ROOFING INC 2,550.00 386274 08/29/2019 RELX INC 400.00 386275 08/29/2019 NESTLE WATERS NORTH AMERICA 38.90 386276 08/29/2019 ENVIRONMENTAL OPERATING SOLUTION INC 8,167.77 386277 08/29/2019 CORE&MAIN LP 36,576.15 7 TRANS NBR DATE VENDOR AMOUNT 386278 08/29/2019 WOERNER AGRIBUSINESS LLC 273.50 386279 08/29/2019 CECO ENVIRONMENTAL 9,000.00 386280 08/29/2019 TYKES&TEENS INC 2,185.63 386281 08/29/2019 REXEL USA INC 143.11 386282 08/29/2019 CHANGE HEALTHCARE LLC 39,750.62 386283 08/29/2019 ACTION RENTALS VRB LLC 971.18 386284 08/29/2019 CAROLINA CARPORTS INC 25,206.50 386285 08/29/2019 STEPHEN STONE 60.00 386286 08/29/2019 JOSEPH LORINO 120.00 386287 08/29/2019 EMPIRE PIPE ORLANDO LLC 2,085.50 386288 08/29/2019 RAMONAMURPHY 28.00 386289 08/29/2019 MLG GOLF INC 600.00 386290 08/29/2019 KENYATTA JOHNSON 40.00 386291 08/29/2019 AMAZON CAPITAL SERVICES INC 1,719.82 386292 08/29/2019 VERONIQUE ORY STURIALE 30.00 386293 08/29/2019 GEM ASSET ACQUISITION LLC 3,647.56 386294 08/29/2019 AMERIGAS PROPANE LP 6,519.20 386295 08/29/2019 HOPPING GREEN&SAMS PA 7,128.00 386296 08/29/2019 METROPOLITAN COMMUNICATION SERVICES INC 281.75 386297 08/29/2019 GREEN CONSTRUCTION TECHNOLOGIES INC 13,505.00 386298 08/29/2019 JORDAN POWER EQUIPMENT CORP 976.25 386299 08/29/2019 JAMES ROMANEK 120.00 386300 08/29/2019 DEANGELO BROTHERS LLC 1,127.00 386301 08/29/2019 EE&G RESTORATION SERVICES LLC 3,050.00 386302 08/29/2019 MASTERSON ADVISORS LLC 3,000.00 386303 08/29/2019 DERECK R PRINCE 160.00 386304 08/29/2019 JUDITH A BURLEY 300.00 386305 08/29/2019 IOWA FARM EQUIPMENT 17,974.00 386306 08/29/2019 KRISTIN BARTELSON 25.00 386307 08/29/2019 SUSAN BAYE 25.00 386308 08/29/2019 BAM MASCOTS INC 4,450.00 386309 08/29/2019 LINDSEY GARDENS 874.00 386310 08/29/2019 DOT LIGHTING INC 3,436.00 386311 08/29/2019 GATEWAY SERVICES USA LLC 10.00 386312 08/29/2019 P C CONTROLS INC 4,093.00 386313 08/29/2019 ELASTEC INC 700.00 386314 08/29/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 506.19 386315 08/29/2019 DESK SPINCO INC 3,173.58 386316 08/29/2019 GROUND PENETRATING RADAR SYSTEMS LLC 6,400.00 386317 08/29/2019 CENTRAL PRODUCTS LLC 4,862.70 386318 08/29/2019 PIERCE BENDER 30.00 386319 08/29/2019 INNOVATIVE CONTROLS INC 283.05 386320 08/29/2019 NO KILL BEES INC 350.00 386321 08/29/2019 MARTINE FENELON 20.00 386322 08/29/2019 RHONDA SPENCER 35.00 386323 08/29/2019 DONNA TOMREDLE 94.00 386324 08/29/2019 LISA FORTES 35.00 386325 08/29/2019 MAUREEN P SCHLITT 350.00 386326 08/29/2019 UTIL REFUNDS 106.85 386327 08/29/2019 UTIL REFUNDS 38.44 386328 08/29/2019 UTIL REFUNDS 27.86 386329 08/29/2019 UTIL REFUNDS 67.78 386330 08/29/2019 UTIL REFUNDS 45.54 386331 08/29/2019 UTIL REFUNDS 85.22 386332 08/29/2019 UTIL REFUNDS 64.41 386333 08/29/2019 UTIL REFUNDS 37.32 386334 08/29/2019 UTIL REFUNDS 45.36 386335 08/29/2019 UTIL REFUNDS 167.70 386336 08/29/2019 UTIL REFUNDS 79.91 386337 08/29/2019 UTIL REFUNDS 228.30 8 TRANS NBR DATE VENDOR AMOUNT 386338 08/29/2019 UTIL REFUNDS 26.53 386339 08/29/2019 UTIL REFUNDS 29.82 386340 08/29/2019 UTIL REFUNDS 87.75 386341 08/29/2019 UTIL REFUNDS 99.98 386342 08/29/2019 UTIL REFUNDS 83.28 386343 08/29/2019 UTIL REFUNDS 83.56 386344 08/29/2019 UTIL REFUNDS 63.81 386345 08/29/2019 UTIL REFUNDS 82.69 386346 08/29/2019 UTIL REFUNDS 74.29 386347 08/29/2019 UTIL REFUNDS 36.40 386348 08/29/2019 UTIL REFUNDS 79.79 386349 08/29/2019 UTIL REFUNDS 19.80 386350 08/29/2019 UTIL REFUNDS 39.74 386351 08/29/2019 UTIL REFUNDS 82.90 386352 08/29/2019 UTIL REFUNDS 128.94 386353 08/29/2019 UTIL REFUNDS 18.30 386354 08/29/2019 UTIL REFUNDS 157.88 386355 08/29/2019 UTIL REFUNDS 339.27 386356 08/29/2019 UTIL REFUNDS 71.62 386357 08/29/2019 UTIL REFUNDS 48.88 386358 08/29/2019 UTIL REFUNDS 55.67 386359 08/29/2019 UTIL REFUNDS 65.29 386360 08/29/2019 UTIL REFUNDS 340.98 386361 08/29/2019 UTIL REFUNDS 82.74 386362 08/29/2019 UTIL REFUNDS 27.54 386363 08/29/2019 UTIL REFUNDS 89.46 386364 08/29/2019 UTIL REFUNDS 45.94 386365 08/29/2019 UTIL REFUNDS 23.62 386366 08/29/2019 UTIL REFUNDS 43.82 386367 08/29/2019 UTIL REFUNDS 800.00 386368 08/29/2019 UTIL REFUNDS 96.73 386369 08/29/2019 ROLAND DEBLOIS 460.00 386370 08/29/2019 PHILLIP J MATSON 150.00 386371 08/29/2019 JASON E BROWN 675.00 386372 08/29/2019 COUNTY VETERAN SERVICE OFFICERS 480.00 386373 08/29/2019 NAEMT 210.00 386374 08/29/2019 PRIMA 150.00 386375 08/29/2019 HIMANSHU MEHTA 56.71 386376 08/29/2019 SAFETY HARBOR RESORT AND SPA 452.00 386377 08/29/2019 SAFETY HARBOR RESORT AND SPA 452.00 386378 08/29/2019 SAFETY HARBOR RESORT AND SPA 452.00 386379 08/29/2019 SANDESTIN GOLF&BEACH RESORT 465.00 386380 08/29/2019 BRIAN FREEMAN 313.35 386381 08/29/2019 NWNG LLC 366.00 Grand Total: 1,358,730.83 9 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1015465 08/28/2019 OFFICE DEPOT BSD CUSTOMER SVC 3,265.14. 1015466 08/27/2019 AT&T 12,062.83 1015467 08/27/2019 COMCAST 243.75 1015468 08/28/2019 SUB AQUATICS INC 1,581.65 1015469 08/28/2019 INDIAN RIVER BATTERY 452.80 1015470 08/28/2019 AMERICAN CONCRETE INDUSTRIES INC 4,110.00 1015471 08/28/2019 APPLE INDUSTRIAL SUPPLY CO 510.24 1015472 08/28/2019 ALLIED UNIVERSAL CORP 39,608.08 1015473 08/28/2019 IRRIGATION CONSULTANTS UNLIMITED INC 222.10 1015474 08/28/2019 GROVE WELDERS INC 109.52 1015475 08/28/2019 4IMPRINT INC 719.61 1015476 08/28/2019 COMO OIL COMPANY OF FLORIDA 69.44 1015477 08/28/2019 CUMMINS INC 10,799.40 1015478 08/28/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 316.34 1015479 08/28/2019 ENVIRONMENTAL CONSERVATION LABORATORIES IN 1,556.00 1015480 08/28/2019 HYDRA SERVICE(S)INC 4,869.00 1015481 08/28/2019 EFE INC 72.10 1015482 08/29/2019 AT&T 1,685.08 1015483 08/29/2019 OFFICE DEPOT BSD CUSTOMER SVC 1,267.03 1015484 08/29/2019 WASTE MANAGEMENT INC 7,505.09 1015485 08/29/2019 COMCAST 106.85 1015486 08/29/2019 IRRIGATION CONSULTANTS UNLIMITED INC 1,109.60 1015487 08/29/2019 WORLD INDUSTRIAL EQUIPMENT INC 648.00 1015488 08/29/2019 RECORDED BOOKS LLC 107.60 1015489 08/29/2019 SOUTHERN COMPUTER WAREHOUSE INC 7,932.65 1015490 08/29/2019 WIGINTON CORPORATION 1,578.35 1015491 08/29/2019 PRIDE ENTERPRISES 56.25 1015492 08/29/2019 METRO FIRE PROTECTION SERVICES INC 139.50 1015493 08/29/2019 SPINNAKER VERO INC 298.62 1015494 08/29/2019 SIMS CRANE&EQUIPMENT CO 556.40 1015495 08/29/2019 FPS OFFICE SOLUTIONS LLC 9,080.39 1015496 08/29/2019 NEXAIR LLC 410.26 1015497 08/29/2019 PACE ANALYTICAL SERVICES LLC 2,630.00 Grand Total: 115,679.67 10 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7017 08/23/2019 RX BENEFITS INC 326,885.39 7018 08/23/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 5,072.84 7019 08/23/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 50,554.51 7020 08/23/2019 TEAMSTERS LOCAL UNION#769 5,272.00 7021 08/23/2019 IRC FIRE FIGHTERS ASSOC 9,668.92 7022 08/23/2019 KIMLEY HORN&ASSOC INC 8,100.91 7023 08/23/2019 TOTAL ADMINISTRATIVE SERVICES CORP 11,823.48 7024 08/26/2019 FL SDU 5,590.59 7025 08/26/2019 IRS-PAYROLL TAXES 417,017.40 7026 08/26/2019 KIMLEY HORN&ASSOC INC 9,633.90 7027 08/26/2019 IRC CHAMBER OF COMMERCE 28,167.70 7028 08/26/2019 IRC CHAMBER OF COMMERCE 6,103.07 7029 08/26/2019 HUMANE SOCIETY 29,070.00 7030 08/27/2019 CHARD SNYDER&ASSOCIATES INC 92.00 7031 08/27/2019 HIGHMARK STOP LOSS 7,624.80 7032 08/27/2019 INDIAN RIVER COUNTY SHERIFF 2,872.71 7033 08/28/2019 I R C HEALTH INSURANCE-TRUST 632,321.55 7034 08/29/2019 BLUE CROSS&BLUE SHIELD OF FLORIDA INC 36,750.00 7035 08/29/2019 HIGHMARK STOP LOSS 23,350.95 7036 08/29/2019 MUTUAL OF OMAHA 17,845.34 7037 08/29/2019 ALLSTATE 175.92 7038 08/29/2019 FIDELITY SECURITY LIFE INSURANCE COMPANY 3,612.46 7039 08/29/2019 WHITNEY BANK 1,059,641.75 Grand Total: 2,697,248.19 11 JEFFREY R. SMITH, CPA, CGFO, CGMA connPTo Clerk of Circuit Court&Comptroller ��° b °�wc� Finance Department V,, 1801 27th Street Vero Beach,FL 32960 9y1Fi�,�c:* o� ik&?COUNT{f TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 3, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 27, 2019 to October 3, 2019 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of September 27, 2019 to October 3, 2019. • 12 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 387281 10/01/2019 PAUL CARONE 4,241.00 387282 10/01/2019 WILLIE C REAGAN 2,313.00 387283 10/01/2019 DEPARTMENT OF HEALTH 553.00 387284 10/01/2019 LARRY STALEY 593.00 387285 10/01/2019 VERO CLUB PARTNERS LTD 3,963.00 387286 10/01/2019 DAVID SPARKS 1,407.00 387287 10/01/2019 THE PALMS AT VERO BEACH 2,211.00 387288 10/01/2019 JOHN OLIVIERA 856.00 387289 10/01/2019 ARTHUR PRUETT 756.00 387290 10/01/2019 MICHAEL JAHOLKOWSKI 547.00 387291 10/01/2019 STEVEN RENNICK 661.00 387292 10/01/2019 LUCY B HENDRICKS 807.00 387293 10/01/2019 ROBERT L BRACKETT 780.00 387294 10/01/2019 SUNCOAST REALTY&RENTAL MGMT LLC 641.00 387295 10/01/2019 SYLVESTER MC INTOSH 365.00 387296 10/01/2019 JAMES W DAVIS 433.00 387297 10/01/2019 MISS INC OF THE TREASURE COAST 2,680.00 387298 10/01/2019 DANIEL CORY MARTIN 2,419.00 387299 10/01/2019 SHADOWBROOK AT VERO 563.00 387300 10/01/2019 PAULA ROGERS&ASSOCIATES INC 660.00 387301 10/01/2019 FIVE STAR PROPERTY HOLDING LLC 830.00 387302 10/01/2019 E EDWARD VAANDERING 625.00 387303 10/01/2019 VAL APTS LLC 818.00 387304 10/01/2019 AUGUSTUS B FORT JR 641.00 387305 10/01/2019 VERO BEACH PLACE LLC 2,133.00 387306 10/01/2019 GNS REAL ESTATE HOLDINGS LLC 1,135.00 387307 10/01/2019 COALITION FOR ATTAINABLE HOMES INC 3,155.00 387308 10/01/2019 HELPING HANDS REAL ESTATE&INVESTMENT CO 4,729.00 387309 10/01/2019 ALIX DENEAU 750.00 387310 10/01/2019 MCLAUGHLIN PROPERTIES LLC 1,078.00 387311 10/01/2019 NKW PIP HOLDINGS I LLC 2,868.00 387312 10/01/2019 MAXIPLEX LLC 2,264.00 387313 10/01/2019 RANDY BETHEL 751.00 387314 10/01/2019 WATSON REALTY GROUP 758.00 387315 10/01/2019 KARL POKRANDT 747.00 387316 10/01/2019 BRANDON ROUER 1,325.00 387317 10/01/2019 HUDSON CONSULTING&MANAGEMENT LLC 552.00 387318 10/01/2019 PALMETTO PROPERTY MANAGEMENT CORP 935.00 387319 10/01/2019 HAMID SILMANE 750.00 387320 10/01/2019 PAMELA CHAVEZ 744.00 387321 10/01/2019 PHILIPPE ALEXANDER 700.00 387322 10/01/2019 STANLEY L JENNINGS 750.00 387323 10/01/2019 STANLEY L JENNINGS 795.00 387324 10/01/2019 SHARON P BRENNAN 556.00 387325 10/01/2019 JANINA M GIORGIO 885.00 387326 10/01/2019 CORNELIA H LAHEY 1,126.00 387327 10/01/2019 IXORIA LLC 711.00 387328 10/01/2019 CARLINGTON A GOFFE 703.00 387329 10/01/2019 DEEP REAL ESTATE INC 487.00 387330 10/01/2019 SHAUNA WALGRAVE 950.00 387331 10/01/2019 ORCHARD GROVE VENTURE LLC 3,158.00 387332 10/01/2019 INDIAN RIVER COUNTY HEALTH DEPT 59,762.99 387333 10/01/2019 VICTIM ASSISTANCE PROGRAM 6,018.24 387334 10/01/2019 CITY OF VERO BEACH 2,208.00 387335 10/01/2019 CITY OF VERO BEACH 11,675.00 387336 10/01/2019 ST LUCIE COUNTY BOCC 37,658.87 387337 10/01/2019 PAULA WHIDDON 553.00 387338 10/03/2019 PORT CONSOLIDATED INC 539.50 13 TRANS NBR DATE VENDOR AMOUNT 387339 10/03/2019 STURGIS LUMBER&PLYWOOD CO 1,639.69 387340 10/03/2019 SUNCOAST WELDING SUPPLIES INC 30.20 387341 10/03/2019 COLKITT SHEET METAL&A/C INC 406.48 387342 10/03/2019 COMMUNICATIONS INTERNATIONAL 27,141.71 387343 10/03/2019 SSES INC 307.40 387344 10/03/2019 RANGER CONSTRUCTION IND INC 426.00 387345 10/03/2019 FISHER SCIENTIFIC COMPANY LLC 3,138.75 387346 10/03/2019 VERO CHEMICAL DISTRIBUTORS INC 1,755.05 387347 10/03/2019 RICOH USA INC 171.53 387348 10/03/2019 RICOH USA INC 140.84 387349 10/03/2019 HENRY SCHEIN INC 4,632.72 387350 10/03/2019 SAFETY PRODUCTS INC 3,450.45 387351 10/03/2019 AT&T WIRELESS 185.39 387352 10/03/2019 B G KENN INC 246.21 387353 10/03/2019 DELTA SUPPLY CO 693.33 387354 10/03/2019 KELLY TRACTOR CO 5,421.59 387355 10/03/2019 SAFETY KLEEN SYSTEMS INC 597.75 387356 10/03/2019 YAVORSKYS TRUCK SERVICE INC 2,202.00 387357 10/03/2019 CLIFF BERRY INC 140.00 387358 10/03/2019 ALLIED ELECTRONICS INC 588.88 387359 10/03/2019 MARINE RESCUE PRODUCTS INC 985.75 387360 10/03/2019 DEEP SIX DIVE SHOP INC 84.97 387361 10/03/2019 BOUND TREE MEDICAL LLC 5,402.55 387362 10/03/2019 DIVE RESCUE INC 221.97 387363 10/03/2019 TIRESOLES OF BROWARD INC 25,040.04 387364 10/03/2019 CITY ELECTRIC SUPPLY COMPANY 551.48 387365 10/03/2019 CARTER ASSOCIATES INC 2,622.50 387366 10/03/2019 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 500.00 387367 10/03/2019 DELL MARKETING LP 155.00 387368 10/03/2019 BLAKESLEE SERVICES INC 65.00 387369 10/03/2019 BAKER&TAYLOR INC 6,192.02 387370 10/03/2019 MIDWEST TAPE LLC 1,235.48 387371 10/03/2019 BAKER DISTRIBUTING CO LLC 78.48 387372 10/03/2019 ATKINS NORTH AMERICA INC 14,565.00 387373 10/03/2019 CENGAGE LEARNING INC 353.11 387374 10/03/2019 PALM TRUCK CENTERS INC 393.73 387375 10/03/2019 JIMMYS AIR&REFRIGERATION INC 195.50 387376 10/03/2019 GO COASTAL INC 159.60 387377 10/03/2019 SUNSHINE REHABILATION CENTER OF IRC INC 650.00 387378 10/03/2019 WILLIE C REAGAN 850.00 387379 10/03/2019 CLERK OF CIRCUIT COURT 460.00 387380 10/03/2019 CITY OF VERO BEACH 2,017.45 387381 10/03/2019 CITY OF VERO BEACH 5,000.00 387382 10/03/2019 TREASURE COAST HOMELESS SERVICES 9,488.01 387383 10/03/2019 HENRY FISCHER&SONS INC 2,220.00 387384 10/03/2019 ROGER CLEVELAND GOLF INC 115.20 387385 10/03/2019 INTERNATIONAL GOLF MAINTENANCE INC 88,148.27 387386 10/03/2019 GEOSYNTEC CONSULTANTS INC 2,796.24 387387 10/03/2019 FEDERAL EXPRESS CORP 80.17 387388 10/03/2019 FEDERAL EXPRESS CORP 82.71 387389 10/03/2019 TIMOTHY ROSE CONTRACTING INC 3,058.20 387390 10/03/2019 CALLAWAY GOLF SALES COMPANY 208.57 387391 10/03/2019 SUBSTANCE AWARENESS COUNCIL OF IRC INC 21,760.28 387392 10/03/2019 SUBSTANCE AWARENESS COUNCIL OF IRC INC 9,801.93 387393 10/03/2019 FLORIDA POWER AND LIGHT 52,595.95 387394 10/03/2019 FLORIDA POWER AND LIGHT 22,976.54 387395 10/03/2019 AMERICAN PLANNING ASSOCIATION 250.00 387396 10/03/2019 GIFFORD YOUTH ACHIEVEMENT CENTER INC 5,627.76 387397 10/03/2019 NEW HORIZONS OF THE TREASURE COAST 25,881.33 387398 10/03/2019 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,440.26 14 TRANS NBR DATE VENDOR AMOUNT 387399 10/03/2019 LANGUAGE LINE SERVICES INC 86.68 387400 10/03/2019 TREASURE COAST SPORTS COMMISSION INC 10,572.12 387401 10/03/2019 IRC HEALTHY START COALITION INC 2,500.00 387402 10/03/2019 IRC HEALTHY START COALITION INC 2,500.00 387403 10/03/2019 IRC HEALTHY START COALITION INC 2,500.00 387404 10/03/2019 IRC HEALTHY START COALITION INC 2,500.00 387405 10/03/2019 IRC HEALTHY START COALITION INC 833.33 387406 10/03/2019 NOTARY PUBLIC UNDERWRITERS INC 45.00 387407 10/03/2019 BE SAFE SECURITY ALARMS INC 620.00 387408 10/03/2019 TRANSPORTATION CONTROL SYSTEMS 152.00 387409 10/03/2019 JOHN BROWN&SONS INC 3,712.50 387410 10/03/2019 CHILDRENS HOME SOCIETY OF FL 8,709.51 387411 10/03/2019 RUSSELL PAYNE INC 206.96 387412 10/03/2019 TRANE US INC 660.00 387413 10/03/2019 BIG BROTHERS AND BIG SISTERS 1,250.00 387414 10/03/2019 BIG BROTHERS AND BIG SISTERS 4,545.69 387415 10/03/2019 FLORIDA RURAL LEGAL SERVICES INC 1,532.98 387416 10/03/2019 SOUTHERN JANITOR SUPPLY INC 2,287.25 387417 10/03/2019 JACKS COMPLETE TREE SERVICE INC 550.00 387418 10/03/2019 MBV ENGINEERING INC 597.00 387419 10/03/2019 MBV ENGINEERING INC 5,548.50 387420 10/03/2019 E W SIVER&ASSOCIATES INC 262.50 387421 10/03/2019 ETR LLC 1,910.33 387422 10/03/2019 STAPLES CONTRACT&COMMERCIAL INC 402.84 387423 10/03/2019 GLOVER OIL COMPANY INC 88,940.90 387424 10/03/2019 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 1,793.41 387425 10/03/2019 GERELCOM INC 20,876.00 387426 10/03/2019 ORCHID ISLAND PROPERTY MGMT II INC 1,455.00 387427 10/03/2019 FLORIDA SUPERIOR SAND INC 1,877.46 387428 10/03/2019 HF GROUP LLC 2,396.76 387429 10/03/2019 JOHNNY SMITH 80.00 387430 10/03/2019 REDLANDS CHRISTIAN MIGRANT ASSOC 41,252.32 387431 10/03/2019 SCOTT F TURNER 193.73 387432 10/03/2019 BILLYS AUTO SERVICE INC 60.00 387433 10/03/2019 TREASURE COAST FOOD BANK INC 48.24 387434 10/03/2019 DANA SAFETY SUPPLY INC 315.00 387435 10/03/2019 YOUTH GUIDANCE DONATION FUND 833.33 387436 10/03/2019 NICOLACE MARKETING INC 560.00 387437 10/03/2019 TREASURE COAST SWIMMING LLC 1,500.00 387438 10/03/2019 LOWES HOME CENTERS INC 8,930.50 387439 10/03/2019 CARDINAL HEALTH 110 INC 438.35 387440 10/03/2019 KYLE ANDERSON 2,825.00 387441 10/03/2019 BURNETT LIME CO INC 19,063.80 387442 10/03/2019 IMPECCABLE SIGNS INC 110.00 387443 10/03/2019 DEBORAH CUEVAS 40.00 387444 10/03/2019 COLONIAL HEIGHTS ACQUISITION LP 375.00 387445 10/03/2019 GATOR BUILDING SUPPLY INC 1,317.12 387446 10/03/2019 THE LAW OFFICES OF 300.00 387447 10/03/2019 BERNARD EGAN&COMPANY 10,334.10 387448 10/03/2019 HAWKINS INC 246.50 387449 10/03/2019 ANFIELD CONSULTING GROUP INC 10,000.00 387450 10/03/2019 COSTELLO BROTHERS MARINE CONSTRUCTION INC 1,891.00 387451 10/03/2019 ANDERSEN ANDRE CONSULTING ENGINEERS INC 5,163.50 387452 10/03/2019 INDIAN RIVER LACROSSE ASSOCIATION INC 2,000.00 387453 10/03/2019 CATHEDRAL CORPORATION 512.59 387454 10/03/2019 UNIFIRST CORPORATION 990.83 387455 10/03/2019 JAY AMMON ARCHITECT INC 15,242.00 387456 10/03/2019 CDA SOLUTIONS INC 1,167.50 387457 10/03/2019 BARSALOU VENTURES LLC 2,526.91 387458 10/03/2019 ADVANCE STORES COMPANY INCORPORATED 165.42 15 TRANS NBR DATE VENDOR AMOUNT 387459 10/03/2019 EZLINKS GOLF LLC 300.00 387460 10/03/2019 COALITION FOR ATTAINABLE HOMES INC 1,352.00 387461 10/03/2019 BUSY BEE LAWN&GARDEN CENTER INC 714.50 387462 10/03/2019 PEOPLE READY INC 11,254.56 387463 10/03/2019 WILLIS SPORTS ASSOCIATION INC 1,444.36 387464 10/03/2019 COLE AUTO SUPPLY INC 11,352.12 387465 10/03/2019 CANON FINANCIAL SERVICES INC 251.84 387466 10/03/2019 BETH NOLAN 65.00 387467 10/03/2019 THOMAS R PILIERO 30.00 387468 10/03/2019 BROWNELLS INC 9,765.00 387469 10/03/2019 GOMEZ BROTHERS IRRIGATION LLC 1,053.00 387470 10/03/2019 DJD EQUIPMENT HOLDINGS LLC 618.56 387471 10/03/2019 TYKES&TEENS INC 8,365.20 387472 10/03/2019 CHANGE HEALTHCARE LLC 38,860.98 387473 10/03/2019 SPECIAL OLYMPICS FLORIDA-INDIAN RIVER COUNTY 25.73 387474 10/03/2019 ACTION RENTALS VRB LLC 637.18 387475 10/03/2019 ENGINEERED SERVICES INC 10,620.00 387476 10/03/2019 Al ASSETS INC 4,061.30 387477 10/03/2019 RAMONA MURPHY 21.00 387478 10/03/2019 AMAZON CAPITAL SERVICES INC 2,265.01 387479 10/03/2019 VERONIQUE ORY STURIALE 30.00 387480 10/03/2019 WILLIAM TIMMINS 674.50 387481 10/03/2019 AMERIGAS PROPANE LP 428.92 387482 10/03/2019 WILLIE MOSLEY 36.00 387483 10/03/2019 LOUIS AGUDELO 72.00 • 387484 10/03/2019 GRBK GHO HOMES LLC 66,955.17 387485 10/03/2019 MISS B'S LEARNING BEES INC 2,967.40 387486 10/03/2019 JORDAN POWER EQUIPMENT CORP 434.45 387487 10/03/2019 MICHAEL COLLINS 10.00 387488 10/03/2019 JAMES ROMANEK 60.00 387489 10/03/2019 DEANGELO BROTHERS LLC 510.00 387490 10/03/2019 JUDITH A BURLEY 136.00 387491 10/03/2019 ALL PAVING INC 126,472.10 387492 10/03/2019 TRIPLE CROWN SPORTS 1,000.00 387493 10/03/2019 AMERICAN AUTO GLASS 327.00 387494 10/03/2019 KENNETH FASS JR 72.00 387495 10/03/2019 JENNIFER D JAMES 40.00 387496 10/03/2019 DESK SPINCO INC 1,284.24 387497 10/03/2019 PIERCE BENDER 168.00 387498 10/03/2019 INDIAN RIVER COMMUNITY FOUNDATION 16,666.67 387499 10/03/2019 ECONOLITE SYSTEMS INC 17,595.00 387500 10/03/2019 AQUA TURF INTERNATIONAL CONSULTING INC 2,250.00 387501 10/03/2019 DISC GOLF ASSOCIATION INC 6,319.25 387502 10/03/2019 JANICE E ZONA 424.66 387503 10/03/2019 JOHN D MC QUILLEN 20.00 387504 10/03/2019 JOHN SADLER 16.71 387505 10/03/2019 JUDY WILSON 25.00 387506 10/03/2019 KIM O'HALLORAN 153.67 387507 10/03/2019 LEAH MULLER 14.00 387508 10/03/2019 LEWIS N RACKLEY 60.72 387509 10/03/2019 MARTHA B LINCOLN 191.78 387510 10/03/2019 MELODY ULM 519.22 387511 10/03/2019 MICHAEL NOSAL 566.00 387512 10/03/2019 RUTH STANDBRIDGE 250.00 387513 10/03/2019 ESTHER KROAH 10.32 387514 10/03/2019 DORIS M SCHIMATZ 97.00 387515 10/03/2019 ANITA S KETTERER 76.12 387516 10/03/2019 DAVID STONE 10.00 387517 10/03/2019 VICTOR A CLARK 230.00 387518 10/03/2019 LOW BUDGET ROCK STAR ENTERTAINMENT LLC 500.00 16 TRANS NBR DATE VENDOR AMOUNT 387519 10/03/2019 JENNIFER ZAVE SKY 110.00 387520 10/03/2019 PAULA ROBERTS 75.00 387521 10/03/2019 DAVID J MILLER 175.00 387522 10/03/2019 LAURA ASARO 55.00 387523 10/03/2019 WILLIAM T BARRY 400.00 387524 10/03/2019 TEXAS PROPERTIES LLC 1,035.60 387525 10/03/2019 JAMES M SAMMONS 69.98 387526 10/03/2019 ELIZABETH MARTIN 97.01 387527 10/03/2019 PHILLIP J MATSON 113.21 387528 10/03/2019 BRE-CLEARWATER OWNER LLC 537.00 387529 10/03/2019 JASON E BROWN 29.90 387530 10/03/2019 CHRISTINE KELLY BEGAZO 1,503.53 387531 10/03/2019 STEPHEN GREER 22.00 387532 10/03/2019 BRIAN FREEMAN 246.62 387533 10/03/2019 VINCENT BURKE 1,032.90 387534 10/03/2019 SUSAN ADAMS 43.97 387535 10/03/2019 KENDRA COPE 64.00 387536 10/03/2019 DARREN COLE 235.46 387537 10/03/2019 KIMBERLY K MOIRANO 101.71 387538 10/03/2019 SCOTT RODRIGUEZ 57.00 387539 10/03/2019 JESSE ROLAND 555.00 387540 10/03/2019 BRIAN SULLIVAN 738.96 387541 10/03/2019 MICHAEL COLLINS 169.00 Grand Total: 1,211,407.17 17 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1015624 09/27/2019 AT&T 1,818.31 1015625 09/27/2019 OFFICE DEPOT INC 789.53 1015626 09/30/2019 AT&T 27,593.42 1015627 10/03/2019 OFFICE DEPOT INC 3,403.53 1015628 10/03/2019 COMCAST 500.35 1015629 10/03/2019 HELENA CHEMICAL 1,724.24 1015630 10/03/2019 COLD AIR DISTRIBUTORS WAREHOUSE 476.12 1015631 10/03/2019 INDIAN RIVER BATTERY 1,298.85 1015632 10/03/2019 INDIAN RIVER OXYGEN INC 2,108.25 1015633 10/03/2019 DEMCO INC 6,761.86 1015634 10/03/2019 APPLE INDUSTRIAL SUPPLY CO 318.62 1015635 10/03/2019 SMITH BROTHERS CONTRACTING EQUIP 1,618.71 1015636 10/03/2019 ABCO GARAGE DOOR CO INC 1,691.00 1015637 10/03/2019 ALLIED UNIVERSAL CORP 19,384.81 1015638 10/03/2019 THE EXPEDITER 118.20 1015639 10/03/2019 GROVE WELDERS INC 171.80 1015640 10/03/2019 APPLE MACHINE&SUPPLY CO 129.60 1015641 10/03/2019 COMO OIL COMPANY OF FLORIDA 182.26 1015642 10/03/2019 COMPLETE ELECTRIC INC 2,875.00 1015643 10/03/2019 BARKER ELECTRIC,AIR CONDITIONING 125.00 1015644 10/03/2019 FLORIDA LEVEL&TRANSIT CO INC 554.63 1015645 10/03/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 882.53 1015646 10/03/2019 AUTO PARTNERS LLC 551.07 1015647 10/03/2019 WRIGHT FASTENER COMPANY LLC 1,129.95 1015648 10/03/2019 EFE INC 735.13 Grand Total: 76,942.77 18 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7111 09/27/2019 U S BANK NATIONAL ASSOCIATION 104,618.75 7112 09/30/2019 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 37,125.78 7113 09/30/2019 VERO HERITAGE INC 1,251.45 7114 09/30/2019 IRC CHAMBER OF COMMERCE 5,448.04 7115 09/30/2019 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 34,983.44 7116 10/01/2019 AMERICAN FAMILY LIFE ASSURANCE CO 18,887.62 7117 10/01/2019 MUTUAL OF OMAHA 7,229.29 7118 10/01/2019 ALLSTATE 175.92 7119 10/01/2019 ATLANTIC COASTAL LAND TITLE CO LLC 23,740.25 7120 10/01/2019 CLERK OF CIRCUIT COURT 90,887.62 7121 10/01/2019 INDIAN RIVER COUNTY PROPERTY APPRAISER 935,693.50 7122 10/01/2019 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 401,892.22 7123 10/01/2019 INDIAN RIVER COUNTY SHERIFF 4,365,950.74 7124 10/01/2019 ST LUCIE BATTERY&TIRE CO 1,030.00 7125 10/02/2019 RX BENEFITS INC 272,305.88 7126 10/02/2019 MUTUAL OF OMAHA 17,607.52 7127 10/02/2019 FIDELITY SECURITY LIFE INSURANCE COMPANY 3,597.80 P-CARD 10/02/2019 TD BANK,N.A. 12,666.62 Grand Total: 6,335,092.44 19 JEFFREY R. SMITH, CPA, CGFO, CGMA &c° P4- Clerk of Circuit Court&Comptroller ye-4��`b r°°`ail Finance Department 1801 27th Street Z c i, 11111 P Vero Beach,FL 32960. b0• p C 000t TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 10, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 4, 2019 to October 10, 2019 In compliance with Chapter 136.06,Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of October 4, 2019 to October 10, 2019. 20 CHECKS WRITTEN TRANS NSR DATE VENDOR AMOUNT 387542 10/04/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 387543 10/04/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 303.42 387544 10/04/2019 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 387545 10/04/2019 NORTH CAROLINA CHILD SUPPORT 105.69 387546 10/04/2019 ECMC 295.11 387547 10/04/2019 AMERITAS 27,538.64 387548 10/04/2019 NORTH CAROLINA DEPARTMENT OF REVENUE 89.01 387549 10/04/2019 TOTAL ADMINISTRATIVE SERVICES CORP 775.32 387550 10/04/2019 COMMONWEALTH OF MASSACHUSETTS 154.00 387551 10/04/2019 KANSAS PAYMENT CENTER 219.69 387552 10/07/2019 PALM COAST SHUTTERS&RAILINGS 105.00 387553 10/07/2019 TRADEWINDS POWER CORP 856.30 387554 10/07/2019 OVERDRIVE INC 2,602.59 387555 10/07/2019 MUNICIPAL EMERGENCY SERVICES INC 11,525.25 387556 10/07/2019 SOUTHWIDE INDUSTRIES INC 85,011.50 387557 10/07/2019 STEWART& STEVENSON FDDA LLC 62.27 387558 10/07/2019 SHOWER TOWER INC 211.95 387559 10/07/2019 SOLAR SOLUTIONS WINDOW TINTING INC 413.50 387560 10/07/2019 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 3,662.72 387561 10/07/2019 BARSALOU VENTURES LLC 50.47 387562 10/07/2019 WURTH USA INC 630.00 387563 10/07/2019 JOE PAYNE INC 7,475.52 387564 10/07/2019 REXEL USA INC 6,320.51 387565 10/07/2019 TREASURE COAST PLUMBING LLC 1,367.00 387566 10/07/2019 PIRATE PEST CONTROL LLC 294.00 387567 10/07/2019 RVW IRRIGATION LLC 10,183.20 387568 10/07/2019 LIBERTY TIRE RECYCLING LLC 7,109.36 387569 10/07/2019 MULLINAX FORD OF VERO BEACH 3,970.82 387570 10/07/2019 SAFEWARE INC 4,452.00 387571 10/07/2019 GARY THACKER PLLC 2,508.91 387572 10/07/2019 J MEADE CONSTRUCTION INC 1,500.00 387573 10/10/2019 PORT CONSOLIDATED INC 1,945.52 387574 10/10/2019 COMMUNICATIONS INTERNATIONAL 26,098.80 387575 10/10/2019 VERO CHEMICAL DISTRIBUTORS INC 938.58 387576 10/10/2019 RICOH USA INC 162.98 387577 10/10/2019 CHISHOLM CORP OF VERO 1,643.60 387578 10/10/2019 DATA FLOW SYSTEMS INC 2,505.00 387579 10/10/2019 B G KENN INC 908.98 387580 10/10/2019 GRAINGER 1,700.75 387581 10/10/2019 GENES AUTO GLASS INC 180.00 387582 10/10/2019 GRAYBAR ELECTRIC 741.02 387583 10/10/2019 WILD LAND ENTERPRISES INC 428.00 387584 10/10/2019 HACH CO 1,968.27 387585 10/10/2019 SLP INVESTMENTS INC 3,805.55 387586 10/10/2019 SCHULKE BITTLE&STODDARD LLC 450.00 387587 10/10/2019 PETES CONCRETE 2,100.00 387588 10/10/2019 TIRESOLES OF BROWARD INC 15,804.97 387589 10/10/2019 CITY ELECTRIC SUPPLY COMPANY 171.00 387590 10/10/2019 CARTER ASSOCIATES INC 2,763.85 387591 10/10/2019 DELL MARKETING LP 3,094.99 387592 10/10/2019 BLAKESLEE SERVICES INC 645.00 387593 10/10/2019 UTILITY SERVICE CO INC 2,707.00 387594 10/10/2019 HARRINGTON INDUSTRIAL PLASTICS LLC 2,953.89 387595 10/10/2019 VERO COLLISION CENTER 3,663.96 387596 10/10/2019 BAKER DISTRIBUTING CO LLC 251.37 387597 10/10/2019 ATKINS NORTH AMERICA INC 8,328.50 387598 10/10/2019 CENGAGE LEARNING INC 305.91 387599 10/10/2019 GO COASTAL INC 257.70 21 TRANS NBR DATE VENDOR AMOUNT 387600 10/10/2019 FLORIDA ASSOCIATION OF COUNTIES INC 23,620.00 387601 10/10/2019 CLERK OF CIRCUIT COURT 31.37 387602 10/10/2019 CLERK OF CIRCUIT COURT 2,131.40 387603 10/10/2019 INDIAN RIVER COUNTY HEALTH DEPT 70.00 387604 10/10/2019 INDIAN RIVER COUNTY PROPERTY APPRAISER 8,468.00 387605 10/10/2019 AT&T 93.77 387606 10/10/2019 AT&T 363.90 387607 10/10/2019 FERGUSON ENTERPRISES INC 1,710.00 387608 10/10/2019 PETTY CASH 22.10 387609 10/10/2019 INDIAN RIVER COUNTY SHERIFF 30.00 387610 10/10/2019 TREASURE COAST REGIONAL PLANNING 65,284.00 387611 10/10/2019 LIVINGSTON PAGE 76.00 387612 10/10/2019 OMR CORP 4,750.00 387613 10/10/2019 TREASURE COAST HOMELESS SERVICES 36.00 387614 10/10/2019 PUBLIX SUPERMARKETS 31.83 387615 10/10/2019 FLORIDA DEPT OF AGRICULTURE AND 400.00 387616 10/10/2019 ACUSHNET COMPANY 227.78 387617 10/10/2019 ATHENS TECHNICAL SPECIALISTS INC 3,320.00 387618 10/10/2019 TIMOTHY ROSE CONTRACTING INC 12,524.02 387619 10/10/2019 TIMOTHY ROSE CONTRACTING INC 157,191.80 387620 10/10/2019 FLORIDA POWER AND LIGHT 56,069.90 387621 10/10/2019 FLORIDA POWER AND LIGHT 1,723.49 387622 10/10/2019 INDIAN RIVER COUNTY TAX COLLECTOR 19,236.13 387623 10/10/2019 MELECH BERMAN 300.00 387624 10/10/2019 PUBLIC DEFENDER 9,919.67 387625 10/10/2019 STATE ATTORNEY 8,386.21 387626 10/10/2019 PEACE RIVER ELECTRIC COOP INC 57.76 387627 10/10/2019 US KIDS GOLF LLC 186.28 387628 10/10/2019 WASTE MANAGEMENT INC 196,905.13 387629 10/10/2019 WASTE MANAGEMENT INC 14,000.00 387630 10/10/2019 SERVICE FILTRATION CORPORATION 1,724.71 387631 10/10/2019 TREASURE COAST SPORTS COMMISSION INC 2,000.00 387632 10/10/2019 GREY HOUSE PUBLISHING 5,620.00 387633 10/10/2019 G K ENVIRONMENTAL INC 15,325.00 387634 10/10/2019 OSCEOLA COUNTY 10,736.56 387635 10/10/2019 FLORIDA DEPT OF FINANCIAL SERVICES 11,860.38 387636 10/10/2019 ELXSI INC 1,713.95 387637 10/10/2019 BRIDGESTONE AMERICAS INC 3,788.29 387638 10/10/2019 FLORIDA ASSOC OF CODE ENFORCEMENT 250.00 387639 10/10/2019 SHRIEVE CHEMICAL CO 4,043.53 387640 10/10/2019 JAMES JENKINS 150.00 387641 10/10/2019 ECONOLITE CONTROL PRODUCTS INC 15,741.00 387642 10/10/2019 MICHAEL QUIGLEY 90.00 387643 10/10/2019 CELICO PARTNERSHIP 356.65 387644 10/10/2019 JOSEPH W VASQUEZ 196.00 387645 10/10/2019 SOUTHERN JANITOR SUPPLY INC 3,290.11 387646 ' 10/10/2019 SWANK MOTION PICTURES INC 609.00 387647 10/10/2019 JOHNS EASTERN COMPANY INC 54,636.25 387648 10/10/2019 MBV ENGINEERING INC 16,447.50 387649 10/10/2019 CENTRAL PUMP&SUPPLY INC 790.80 387650 10/10/2019 STAPLES CONTRACT&COMMERCIAL INC 658.79 387651 10/10/2019 GLOVER OIL COMPANY INC 72,892.80 387652 10/10/2019 LARRY STEPHENS 40.00 387653 10/10/2019 GERELCOM INC 58,676.30 387654 10/10/2019 1ST FIRE&SECURITY INC 279.00 387655 10/10/2019 JOHNNY B SMITH 200.00 387656 10/10/2019 DANE MACDONALD 152.00 387657 10/10/2019 MADESSIA FLOWERS 30.00 387658 10/10/2019 BILLYS AUTO SERVICE INC 955.32 387659 10/10/2019 FLEETBOSS G P S INC. 5,031.60 22 TRANS NBR DATE VENDOR AMOUNT 387660 10/10/2019 HAYHURST LAND SURVEYING INC 4,400.00 387661 10/10/2019 KWACKS INC 16,309.08 387662 10/10/2019 NICOLACE MARKETING INC 6,161.00 387663 10/10/2019 HELPING ANIMALS LIVE-OVERCOME 20.00 387664 10/10/2019 CREATIVE POWER SOLUTIONS INC 460.00 387665 10/10/2019 TORRES ELECTRICAL SUPPLY COMPANY INC 1,819.16 387666 10/10/2019 MURPHY&WALKER P L 19,290.00 387667 10/10/2019 FLORIDA COAST EQUIPMENT INC 302.50 387668 10/10/2019 JOSHUA HARVEY GHIZ 1,894.88 387669 10/10/2019 LOWES HOME CENTERS INC 10,448.06 387670 10/10/2019 MUNICIPAL EMERGENCY SERVICES INC 15,226.90 387671 10/10/2019 BURNETT LIME CO INC 3,158.40 387672 10/10/2019 STRAIGHT OAK LLC 1,317.56 387673 10/10/2019 SOUTHERN MANAGEMENT LLC 6,032.37 387674 10/10/2019 DEBORAH CUEVAS 40.00 387675 10/10/2019 FLORIDA TRAVEL VACATIONS INC 500.00 387676 10/10/2019 SUMMIT CONSTRUCTION OF VERO BEACH LLC 33,890.57 387677 10/10/2019 REI ENGINEERS INC 13,070.00 387678 10/10/2019 THE LAW OFFICES OF 931.00 387679 10/10/2019 BERNARD EGAN&COMPANY 56,965.72 387680 10/10/2019 NAPIER&ROLLIN PLLC 607.50 387681 10/10/2019 MICHAEL EDWARD HAMILTON 300.00 387682 10/10/2019 SYLIVIA MILLER 690.00 387683 10/10/2019 HAWKINS INC 3,277.00 387684 10/10/2019 THE TRANSIT GROUP INC 6,572.90 387685 10/10/2019 TREASURE COAST COMMUNITY HEALTH INC 80.03 387686 10/10/2019 ANDERSEN ANDRE CONSULTING ENGINEERS INC 8,357.50 387687 10/10/2019 JENNIFER E PROPER 210.00 387688 10/10/2019 CATHEDRAL CORPORATION 2,275.24 387689 10/10/2019 UNIFIRST CORPORATION 1,709.80 387690 10/10/2019 MSDS ONLINE 3,599.00 387691 10/10/2019 HYDROMAX USA LLC 37,789.50 387692 10/10/2019 PATRIOT PRODUCTIONS LLC 250.00 387693 10/10/2019 BYERS ENGINEERING COMPANY 108,900.00 387694 10/10/2019 EASTERN PIPELINE CONSTRUCTION INC 1,000.00 387695 10/10/2019 EAST COAST RECYCLING INC 6,000.00 387696 10/10/2019 AC VETERINARY SPECIALTY SERVICES 45.00 387697 10/10/2019 PEOPLE READY INC 2,983.52 387698 10/10/2019 GOVERNMENTJOB S.COM INC 10,890.00 387699 10/10/2019 COLE AUTO SUPPLY INC 2,320.00 387700 10/10/2019 BETH NOLAN 70.00 387701 10/10/2019 THOMAS R PILIERO 60.00 387702 10/10/2019 FLORIDA BULB&BALLAST INC 6,975.00 387703 10/10/2019 NESTLE WATERS NORTH AMERICA 235.67 387704 10/10/2019 CORE&MAIN LP 19,963.16 387705 10/10/2019 STEWART MATERIALS LLC 373.10 387706 10/10/2019 WARREN CAI'ERSON 200.00 387707 10/10/2019 IRL COUNCIL 50,000.00 387708 10/10/2019 WOERNER AGRIBUSINES S LLC 560.00 387709 10/10/2019 THERNELL MILLS 80.00 387710 10/10/2019 BEST VERSION MEDIA LLC 244.00 387711 10/10/2019 TETRA TECH INC 16,572.94 387712 10/10/2019 EMPIRE PIPE ORLANDO LLC 584,978.32 387713 10/10/2019 AMERICAN JANITORIAL INC 6,784.00 387714 10/10/2019 JACK KLEIN ASSOCIATES INC 2,632.00 387715 10/10/2019 RAMONA MURPHY 42.00 387716 10/10/2019 AMAZON CAPITAL SERVICES INC 8,137.51 387717 10/10/2019 VERONIQUE ORY STURIALE 30.00 387718 10/10/2019 TERRACON CONSULTANTS INC 629.50 387719 10/10/2019 PIRATE PEST CONTROL LLC 103.00 23 TRANS NBR DATE VENDOR AMOUNT 387720 10/10/2019 AMERIGAS PROPANE LP 1,864.58 387721 10/10/2019 HOPPING GREEN&SAMS PA 10,509.40 387722 10/10/2019 LOUIS AGUDELO 38.00 387723 10/10/2019 THE HOPE FOR FAMILIES CENTER INC 3,536.01 387724 10/10/2019 BENEFIT EXPRESS SERVICES LLC 5,740.75 387725 10/10/2019 JORDAN POWER EQUIPMENT CORP 563.22 387726 10/10/2019 STAYBRIDGE SUITES BY ST PETERSBURG DOWNTOWI 150.00 387727 10/10/2019 JAMES ROMANEK 60.00 387728 10/10/2019 LIBERTY TIRE RECYCLING LLC 3,440.14 387729 10/10/2019 MULLINAX FORD OF VERO BEACH 217.39 387730 10/10/2019 JUDITH A BURLEY 235.00 387731 10/10/2019 SUSAN BAYE 75.00 387732 10/10/2019 SAFCO PRODUCTS COMPANY 1,357.45 387733 10/10/2019 JOSEPH F BREAULT 50.00 387734 10/10/2019 LINDSEY GARDENS 350.00 387735 10/10/2019 P C CONTROLS INC 520.00 387736 10/10/2019 KENNETH FASS JR 72.00 387737 10/10/2019 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 296.26 387738 10/10/2019 JENNIFER D JAMES 100.00 387739 10/10/2019 DESK SPINCO INC 1,039.50 387740 10/10/2019 PIERCE BENDER 176.00 387741 10/10/2019 XGD SYSTEMS LLC 35,951.80 387742 10/10/2019 CUBIC CORPORATION&SUBSIDIARIES 4,000.00 387743 10/10/2019 PGL TRUCKING INC 5,836.80 387744 10/10/2019 ORCHARD GROVE VENTURE LLC 1,008.00 387745 10/10/2019 SARAH LONGEMANN 250.00 387746 10/10/2019 MAREMONTI LLC 300.00 387747 10/10/2019 BAKER&TAYLOR INC 4,591.89 387748 10/10/2019 MIDWEST TAPE LLC 530.47 387749 10/10/2019 FLORIDA POWER AND LIGHT 2,850.48 387750 10/10/2019 UTIL REFUNDS 182.23 387751 10/10/2019 UTIL REFUNDS 27.33 387752 10/10/2019 UTIL REFUNDS 52.85 387753 10/10/2019 UTIL REFUNDS 24.50 387754 10/10/2019 UTIL REFUNDS 83.69 387755 10/10/2019 UTIL REFUNDS 57.38 387756 10/10/2019 UTIL REFUNDS 67.43 387757 10/10/2019 UTIL REFUNDS 9.84 387758 10/10/2019 UTIL REFUNDS 63.66 387759 10/10/2019 UTIL REFUNDS 68.87 387760 10/10/2019 UTIL REFUNDS 90.53 387761 10/10/2019 UTIL REFUNDS 63.48 387762 10/10/2019 UTIL REFUNDS 104.62 387763 10/10/2019 UTIL REFUNDS 68.88 387764 10/10/2019 UTIL REFUNDS 71.72 387765 10/10/2019 UTIL REFUNDS 75.13 387766 10/10/2019 UTIL REFUNDS 42.96 387767 10/10/2019 UTIL REFUNDS 50.00 387768 10/10/2019 UTIL REFUNDS 30.64 387769 10/10/2019 UTIL REFUNDS 21.98 387770 10/10/2019 UTIL REFUNDS 43.49 387771 10/10/2019 UTIL REFUNDS 32.28 387772 10/10/2019 UTIL REFUNDS 26.63 387773 10/10/2019 UTIL REFUNDS 51.65 387774 10/10/2019 UTIL REFUNDS 51.96 387775 10/10/2019 UTIL REFUNDS 63.59 387776 10/10/2019 UTIL REFUNDS 15.00 387777 10/10/2019 UTIL REFUNDS 8.82 387778 10/10/2019 UTIL REFUNDS 4.85 387779 10/10/2019 UTIL REFUNDS 9,138.72 24 TRANS NBR DATE VENDOR AMOUNT 387780 10/10/2019 UTIL REFUNDS 58.09 387781 10/10/2019 UTIL REFUNDS 4.34 387782 10/10/2019 UTIL REFUNDS 34.85 387783 10/10/2019 UTIL REFUNDS 71.37 387784 10/10/2019 UTIL REFUNDS 38.82 387785 10/10/2019 UTIL REFUNDS 15.87 387786 10/10/2019 UTIL REFUNDS 34.76 387787 10/10/2019 UTIL REFUNDS 72.92 387788 10/10/2019 UTIL REFUNDS 38.02 387789 10/10/2019 UTIL REFUNDS 32.74 387790 10/10/2019 UTIL REFUNDS 37.01 387791 10/10/2019 UTIL REFUNDS 4.39 387792 10/10/2019 UTIL REFUNDS 34.07 387793 10/10/2019 UTIL REFUNDS 44.66 387794 10/10/2019 UTIL REFUNDS 35.59 387795 10/10/2019 UTIL REFUNDS 103.00 387796 10/10/2019 UTIL REFUNDS 40.12 387797 10/10/2019 UTIL REFUNDS 36.93 387798 10/10/2019 UTIL REFUNDS 33.67 387799 10/10/2019 UTIL REFUNDS 16.13 387800 10/10/2019 UTIL REFUNDS 46.85 387801 10/10/2019 UTIL REFUNDS 183.97 387802 10/10/2019 UTIL REFUNDS 41.72 387803 10/10/2019 UTIL REFUNDS 24.00 387804 10/10/2019 UTIL REFUNDS 73.55 387805 10/10/2019 UTIL REFUNDS 146.14 387806 10/10/2019 UTIL REFUNDS 67.20 387807 10/10/2019 UTIL REFUNDS 60.11 387808 10/10/2019 UTIL REFUNDS 57.12 387809 10/10/2019 UTIL REFUNDS 71.83 387810 10/10/2019 UTIL REFUNDS 67.96 387811 10/10/2019 UTIL REFUNDS 91.30 387812 10/10/2019 UTIL REFUNDS 56.42 387813 10/10/2019 UTIL REFUNDS 17.24 387814 10/10/2019 UTIL REFUNDS 42.26 387815 10/10/2019 UTIL REFUNDS 42.62 387816 10/10/2019 UTIL REFUNDS 166.02 387817 10/10/2019 UTIL REFUNDS 68.55 387818 10/10/2019 UTIL REFUNDS 8.68 387819 10/10/2019 UTIL REFUNDS 64.72 387820 10/10/2019 UTIL REFUNDS 57.73 387821 10/10/2019 UTIL REFUNDS 89.03 387822 10/10/2019 UTIL REFUNDS 35.81 387823 10/10/2019 UTIL REFUNDS 114.71 387824 10/10/2019 UTIL REFUNDS 39.33 387825 10/10/2019 UTIL REFUNDS 72.54 387826 10/10/2019 UTIL REFUNDS 34.28 387827 10/10/2019 UTIL REFUNDS 61.21 387828 10/10/2019 UTIL REFUNDS 106.31 387829 10/10/2019 UTIL REFUNDS 76.29 387830 10/10/2019 UTIL REFUNDS 9.52 387831 10/10/2019 UTIL REFUNDS 78.84 387832 10/10/2019 UTIL REFUNDS 42.41 387833 10/10/2019 UTIL REFUNDS 78.87 387834 10/10/2019 UTIL REFUNDS 21.99 387835 10/10/2019 FLORIDA GOVERNMENT FINANCE 36.00 387836 10/10/2019 ROLAND DEBLOIS 188.44 387837 10/10/2019 HOLIDAY INN 529.62 387838 10/10/2019 HOLIDAY INN 529.62 387839 10/10/2019 HOLIDAY INN 529.62 25 TRANS NBR DATE VENDOR AMOUNT 387840 10/10/2019 PHILLIP J MATSON 177.96 387841 10/10/2019 BRE-CLEARWATER OWNER LLC 244.00 387842 10/10/2019 JASON E BROWN 551.18 387843 10/10/2019 HAMPTON INN 565.60 387844 10/10/2019 MICHAEL REDSTONE 17.80 387845 10/10/2019 SCOTT SEELEY 150.90 387846 10/10/2019 DAVID SMITH 59.80 387847 10/10/2019 DONALD KEITH 49.00 387848 10/10/2019 LESLIE N MUNROE 368.08 387849 10/10/2019 RICHARD NALBANDIAN 230.90 387850 10/10/2019 JAMES MANN 550.00 387851 10/10/2019 BRIAN SULLIVAN 496.18 387852 10/10/2019 SUE FLAK 55.00 387853 10/10/2019 PAUL BOOTH 2,925.00 Grand Total: 2,338,768.10 26 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1015649 10/08/2019 ROBINSON EQUIPMENT COMPANY INC 1,051.80 1015650 10/08/2019 COPYCOINC 54.90 1015651 10/08/2019 RING POWER CORPORATION 86.07 1015652 10/08/2019 MIKES GARAGE&WRECKER SERVICE INC 355.00 1015653 10/08/2019 PLAYCORE HOLDINGS INC 6,321.79 1015654 10/08/2019 MEEKS PLUMBING INC 276.00 1015655 10/08/2019 WORLD INDUSTRIAL EQUIPMENT INC 1,234.50 1015656 10/08/2019 SOUTHERN COMPUTER WAREHOUSE INC 996.20 1015657 10/08/2019 PRIDE ENTERPRISES 3,223.50 1015658 10/08/2019 STRYKER SALES CORP 3,515.10 1015659 10/08/2019 METRO FIRE PROTECTION SERVICES INC 179.00 1015660 10/08/2019 PROTRANSMASTERS II INC 2,039.07 1015661 10/08/2019 PACE ANALYTICAL SERVICES LLC 4,140.00 1015662 10/09/2019 AT&T 3,125.70 1015663 10/09/2019 OFFICE DEPOT INC 3,025.64 1015664 10/09/2019 WASTE MANAGEMENT INC 8,433.42 1015665 10/09/2019 POLYDYNE INC 2,576.00 1015666 10/10/2019 COLD AIR DISTRIBUTORS WAREHOUSE 66.60 1015667 10/10/2019 INDIAN RIVER BATTERY 1,957.85 1015668 10/10/2019 INDIAN RIVER OXYGEN INC 273.00 1015669 10/10/2019 APPLE INDUSTRIAL SUPPLY CO 718.67 1015670 10/10/2019 ALLIED UNIVERSAL CORP 5,183.18 1015671 10/10/2019 IRRIGATION CONSULTANTS UNLIMITED INC 259.46 1015672 10/10/2019 GROVE WELDERS INC 230.41 1015673 10/10/2019 COMMERCIAL ENERGY SPECIALISTS 1,151.02 1015674 10/10/2019 COMO OIL COMPANY OF FLORIDA 145.42 1015675 10/10/2019 CUMMINS INC 1,483.65 1015676 10/10/2019 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 520.32 1015677 10/10/2019 AUTO PARTNERS LLC 919.00 1015678 10/10/2019 HYDRA SERVICE(S)INC 14,707.00 1015679 10/10/2019 WRIGHT FASTENER COMPANY LLC 222.05 1015680 10/10/2019 HORIZON DISTRIBUTORS INC 372.36 1015681 10/10/2019 GUARDIAN ALARM OF FLORIDA LLC 370.00 1015682 10/10/2019 EFE INC 6,897.67 1015683 10/10/2019 AT&T 184.15 1015684 10/10/2019 OFFICE DEPOT INC 430.09 1015685 10/10/2019 WASTE MANAGEMENT INC 315.42 1015686 10/10/2019 COMCAST 476.20 Grand Total: 77,517.21 27 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7128 10/03/2019 TEN-8 FIRE EQUIPMENT INC 587,932.00 7129 10/03/2019 PROFESSIONAL TITLE 10,000.00 7130 10/03/2019 ALLIANCE TITLE OF THE TREASURE COAST,LLC 10,000.00 7131 10/03/2019 FL RETIREMENT SYSTEM 708,997.97 7132 10/04/2019 C E R SIGNATURE CLEANING 5,250.00 7133 10/04/2019 C E R SIGNATURE CLEANING 3,680.00 7134 10/04/2019 IRC FIRE FIGHTERS ASSOC 9,588.68 7135 10/04/2019 IRS-PAYROLL TAXES 295.17 7136 10/04/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 5,292.83 7137 10/04/2019 NATIONWIDE SOLUTIONS RETIREMENT INC 53,002.53 7138 10/04/2019 TOTAL ADMINISTRATIVE SERVICES CORP 12,181.87 7139 10/07/2019 FL SDU 5,608.90 7140 10/07/2019 IRS-PAYROLL TAXES 2,811.68 7141 10/07/2019 IRS-PAYROLL TAXES 426,696.41 7142 10/08/2019 VETERANS COUNCIL OF I R C 2,140.48 7143 10/09/2019 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 2,311.36 7144 10/09/2019 CLERK OF CIRCUIT COURT 4,915.29 7145 10/09/2019 IRC CHAMBER OF COMMERCE 6,952.20 7146 10/09/2019 RX BENEFITS INC 1,727.07 7147 10/10/2019 INDIAN RIVER COUNTY SHERIFF 1,838.82 Grand Total: 1,861,223.26 28 CONSENT: 10/22/19 Office of s'- ' INDIAN RIVER COUNTY . ...:: , ATTORNEY ---clot .- Dylan Reingold,County Attorney William K. DeBraal,Deputy County Attorney Susan J. Prado,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: October 10, 2019 SUBJECT: Resolution Canceling Taxes on a Property Purchased by the City of Fellsmere for Public Purposes The City of Fellsmere purchased a parcel of land and intends to use the property for the public purposes of stormwater retention and drainage. For this reason, a resolution has been prepared for consideration by the Board for removing the below recited property from the tax roll for ad valorem taxes for current and future years. The prorated 2019 real property taxes, at the time of purchase, fall below the threshold for collecting. Parcel# 31-37-00-00002-0000-00046.0 Lots 46, 47 and 48, Plat of Lincoln Park site address: 12910 100th Lane, Fellsmere, Florida 32948 purchased from: Indian River Treasures, LLC Warranty Deed recorded in Book 3183, Page 1890 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel current and future ad valorem taxes upon the publicly owned land, and the Clerk to send a certified copy of the Resolution to the Tax Collector and Property Appraiser so that the current ad valorem taxes and future ad valorem taxes may be cancelled. /nhm Attachments: E-Mail Request Resolution cc: Carole Jean Jordan-Tax Collector Wesley Davis-Property Appraiser Warren W.Dill,City Attorney,City of Fellsmere Putnam Moreman,CPA,CGFM—Finance Director 29 Parcel#31-37-00-00002-0000-00046.0 Lots 46, 47 and 48, Plat of Lincoln Park site address: 12.910 100th Lane, Fellsmere, FL 32948 Purchased from Indian River Treasures, LLC public purposes: stormwater retention and drainage RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 30 RESOLUTION NO. 2019- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands, which were purchased by the City of Fellsmere from Indian River Treasures, LLC for use by the municipality for stormwater retention and drainage, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in Book 3183 at Page 1890, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 31 RESOLUTION NO. 2019- The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By:. William K. DeBraal Deputy County Attorney 32 From: Putnam Moreman [mailto:financedirector@cityoffellsmere.org] Sent: Thursday,October 10, 2019 9:36 AM To: Nancy Mossali<nmossali@ircgov.com> Cc:Warren Dill<wwd@dillevans.com>; Debbie Gee (dgee@irctax.com)<dgee@irctax.com>; 'Gigi Williams' <gwilliams@ircpa.org>; Dylan Reingold<dreingold@ircgov.com>; Jason Nunemaker <CityManager@cityoffellsmere.org>Subject: RE: 12910 100th Lane-Fellsmere, FL Thank you Nancy. Please prepare a resolution for the BOCC to cancel the taxes on the above referenced parcel of property. The City has obtained this land contiguous to a planned CDBG paving project, and it will be used for stormwater retention and drainage. From: Nancy Mossali<nmossali@ircgov.com> Sent:Thursday,October 10, 2019 9:21 AM To: Putnam Moreman<financedirector@cityoffellsmere.org> Cc:Warren Dill<wwd@dillevans.com>; Debbie Gee (dgee@irctax.com)<dgee@irctax.com>;'Gigi Williams' <gwilliams@ircpa.org>; Dylan Reingold<dreingold@ircgov.com> Subject: RE: 12910 100th Lane-Fellsmere, FL Good Morning, Mr. Moreman I have not received the required information relative to this property in order to prepare the necessary resolution for scheduling for County Commission consideration for cancellation the taxes. Back in June,the Property Appraiser's Office alerted me that the City of Fellsmere had purchased property with a site address of 12910 100th Lane in Fellsmere and asked if I was going to prepare a resolution. I reached out and asked if the taxes were to be cancelled,and if they were then I would need to be provided with a letter requesting that the taxes be cancelled and to state the intended public use for the property.To date I have not received this information. I would be happy to prepare the resolution and schedule it before the County Commission, but I first will need a letter requesting that a resolution to cancel taxes be prepared AND what the intended public use of the property will be. Regards, Nancy H. Mossali Legal Assistant Office of County Attorney INDIAN RIVER COUNTY 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 nmossali@ircgov.com 33 84E. MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold,County Attorney DATE: October 11,2019 SUBJECT: Waiver of Interest on Demolition Lien BACKGROUND. On July 31, 1998,Indian River County recorded a lien,which is found at Book 1224,Page 883,on the property located at 4231 24th Court (the "Property") for the demolition of a nuisance structure. The lien was for $2,957.54. The lien noted that the lien would accrue interest at a rate of 8.5%. Charles Gordon has obtained the property,which was initially owned by Tessie Lee Gordon, who he stated was his wife's grandmother. Mr. Gordon reached out to the County Attorney's Office about the lien. I explained that since the lien was for actual costs expended by Indian River County, staff was willing to support the waiver of interest, if he paid the initial demolition lien cost. Mr. Gordon is agreeable to the waiver of just the interest. The County Attorney's Office recommends that the Indian River County Board of County Commissioners ("Board") waive the interest, so long as the lien of$2,957.54 is paid within 120 days. Once paid, the County Attorney's Office recommends that the Board authorize the County Attorney's Office to prepare a release or satisfaction of the lien. FUNDING. Lien proceeds totaling $2,957.54 will be deposited into MSTU Fund/Building Demolition Liens Revenue account number 004038-369092. The costs of recording the satisfaction of the lien will be borne by Mr. Gordon. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners waive the interest,so long as the lien of$2,957.54 is paid within 120 days. Once paid,the County Attorney's Office recommends that the Board authorize the County Attorney's Office to prepare a release or satisfaction of the lien. 34 CONSENT AGENDA: 10/22/2019 c 4"V11 - Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Susan J.Prado,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal —Deputy County Attorney DATE: October 10, 2019 SUBJECT: Resolution Formally Designating Two Parcels of County Owned Property as Right-Of-Way Located at 5030 26th Street and 5920 26th Street In April, 2015 the County purchased under one deed, two parcels of land from Ronee Suzan King and Stephen Allan Block for future road expansion of 26th Street in order to avoid future expert witness costs and attorney's fees in an eminent domain process which would ultimately be necessary when the road expansion project was ready to proceed. The intent of the County is to now earmark by a formal document the two portions to be used for right-of-way. Each portion is along 26th Street, however not contiguous to the other, with one portion having a remainder where the intended future use is for stormwater purposes. In this regard, a resolution has been prepared to designate those portions for future right-of-way. FUNDING: The only cost associated with this matter will be recording fees for recordation of the resolution in the amount of $78.00. Funding for this expenditure is budgeted and available and will be split between Traffic Impact Fees/District 2/26th St./43rd Ave. to 58th Ave., Account No. 10215241-066510-06011 ($39.00) and Traffic Impact Fees/District 2/26th St./58th Ave. to 66th Ave., Account No. 10215241-066510-16006 ($39.00). RECOMMENDATION: Adopt the resolution, and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. nhm Attachment 35 cc: Robert Garst—GIS Department Head,IRC Property Appraiser's Office RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTIES FOR RIGHT-OF- WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PARCEL (SOUTH 115 FEET OF LOT A, HAMPSHIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 99 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA) AS WELL AS EARMARKING ADDITIONAL RIGHT-OF-WAY WITHIN TRACT 16 OF SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. WHEREAS, on April 10, 2015 Indian River County purchased properties from Ronee Suzan King and Stephen Allan Block, for future road widening of 26th Street; said conveyances being recorded in Book 2837 at Page 1587 of the Public Records of Indian River County, Florida, and have site addresses of 5030 26th Street and 5920 26th Street; and WHEREAS, the intent of the County is to now earmark by a formal document the right-of-way portions, with the remainder intended to be used for future stormwater purposes; and WHEREAS, a sketch/description of each right-of-way has been prepared and is attached hereto as Exhibit "A"; and WHEREAS, a sketch/description has been prepared for the remainder property and is attached hereto as Exhibit "B"; and 36 WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of the right-of-way portions identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the properties as right-of-way on the appropriate maps, as well as cut out one of the designated right-of-ways from the parent parcel, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portions of the properties as described and depicted on the attached Exhibit "A," is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out (as need be) the designated right-of-ways as depicted and described on the attached Exhibit"A", and accordingly earmark any maps within the Property Appraiser's Office to reflect the designation. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 37 The Chairman thereupon declared the resolution duly passed and adopted this day of , 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: William K.DeBraal Deputy County Attorney 38 Sketch and Legal Description for:INDIAN RIVER COUNTY LEGAL DESCRIPTION PER O.R.B.2837,PG.1587 Being the South 25.0 feet of those lands as described on Official Record Book 2837, Page 1587,Public Records of Indian River County, Florida. Said lands being more particularly described as follows: The South 115.0 feet of Lot "A", Hampshire Subdivision,according to the Plat thereof, recorded in Plat Book 2, Page(s)99,of the Public Records of Indian River County, Florida. Containing 3475 Sq. Ft.± (0.08 Acres±) Surveyor's Notes 1).This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department-Survey Section, Job No. 1435, Dated December 11,2014.Together with the Plat of Hampshire Subdivision, Recorded in Plat Book 2, Page 99, Public Records of Indian River County,Florida. 2).This legal description shall not be valid unless: (a)Provided in its entirety consisting of 2 sheets ,with sheet 2 showing the sketch of the description. (b)Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C.R. =COUNTY ROAD Certification LR.F.W.C.D. = INDIAN RIVER FARMS (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL WATER CONTROL DISTRICT RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) L =LENGTH OF ARC LLC =LIMITED LIABILITY COMPANY I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY O.R.B. =OFFICIAL RECORD BOOK SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID (P) =PLAT SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND P.B. =PLAT BOOK BELIEF. PGE =PAGE PBS = PLAT BOOK ST.LUCIE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF =DELTA ANGLE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SQ.FT. =SQUARE FEET SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, R =RANGE PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. RM1 =RIGHT-OF-WAY T =TOWNSHIP DATE OF SIGNATURE DAVID M.SILON PROFESSIONAL SURVEYOR AND MAPPER This is not a Boundary Survey FLORIDA CERTIFICATE NO.6139 AGENCY: INDIAN RIVER COUNTY, FL Sketch and Legal Descri tion PUBLIC WORKS DEPT./ENGINEERING DIV. g DATE: DRAWN BY: for: SCALE: APPROVED APPROVED BY:R' INGLETT INDIAN RIVER COUNTY SHEET: NiA JOB NO: D. SILON (5030 26th STREtT) 1 OF 2 1435 Sketch and Legal Description for: INDIAN RIVER COUNTY ' 139.0'(P) 7pli C w 50' Z Allik f!}rn LOT 20 P.B. i, PGE 99 ..-7.3 �' D _r6 b _ 32-39-23-00004-0000-00000.3 r < 0 2610A51stDAVENUE EAN rn -N N 1 0.R.8. 1478, PG 1823 -I tp L o N NOT TO SCALE ,gym co A a_< D Ea zzv o v v 3 o m _ a :I_ N C tt 3 > -co $ 139.0(P) H: --I /in ow Q rn v Z m co `-' 5' EASEMENT f LOT APER P.B. 2, PAGE 99 W I In W Hampshire Subdivision I a (PLAT BOOK 2, PAGE 99) m co 32-39-33-00004-0000-00000.1 0 (V INDIAN RIVER COUNTY 5030 26th S 132-39-23-00001-0150-00002.0 0] O.R.B. 2837, PG'1587 INDIAN RIVER COUNTY D 5020 26th 50' —SOUTH 25' O.R.B. 2703, PSTREET P.B. 2, PGE 99 //// .- es— :dr 475 S FT.t ot f /Ar IGHT OF!WAY INF EL, EL, RIGHT OF WAY UNE 139.0(P) {! .-..- n' ' RIGHT OF WAY LINE f— t o o) to W O) I W 10 141- 26th Street (Walker Avenue) IN N in )a is a I I . ) I m :d _ _ i SOUTH LINE SECTION 33-32-39 . — TRACT 14 $ $ $ f NORTH LINE SECTION 4-33-39 TRACT 3 Indian River Farms Water Control District. Lateral A-3 Canal M I - - f Legend and Abbreviations C.R. =COUNTY ROAD LLC =LIMITED LIABILITY COMPANY PGE =PAGE I.R.F.W.C.D.= INDIAN RIVER FARMS O.R.B. =OFFICIAL RECORD BOOK PBS = PLAT BOOK ST.LUCIE WATER CONTROL DISTRICT (P) =PLAT D =DELTA ANGLE L =LENGTH OF ARC P.B. =PLAT BOOK SQ.FT. =SQUARE FEET R =RANGE RAN =RIGHT-OF-WAY This is not a Boundary Survey T =TOWNSHIP AGENCY: INDIAN RIVER COUNTY, FL Sketch and Legal Description PUBLIC WORKS DEPT./ENGINEERING DIV. DATE: DRAWN BY: for: 10�09�i9 R. INGLETT SCALE: APPROVED BY: INDIAN RIVER COUNTY SHEET: N/A JOB NO: D. SILON (5030 26th STRE6QT) 2 OF 2 1435 ♦IOL-CL-I 103umd RISS SC JO M ON01-15 max-Ctst\A01'I1vins A000NMBrraVYd GNW 92 -13115 M1 -K$I\/3N115\I 00 Amami 112000 d 9 .13001410! 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V N Q'40000-0910-10000-Z£-6£-Z£ d m M1 SZ 0£ 11 m V m n �� �* W03 11 OIg w- 91 10V81 JO S380V L4'OZ IS3M 3H1 30 1011 .30d 1 1 ! 0 . m a 11 S383V G4'01 1SV3 3H1 30 3NI1 M '1£13Z '8'8'0 1 1 ! 1.1.1r- ci 11 cd z Sketch and Legal Description for:INDIAN RIVER COUNTY LEGAL DESCRIPTION PER O.R.B.2837,PG.1587 The South 115.0 feet of Lot "A", Hampshire Subdivision,according to the Plat thereof, recorded in Plat Book 2, Page(s)99,of the Public Records of Indian River County,Florida. LESS AND EXCEPT: The South 25.0 feet thereof. Containing 12,510 Sq. Ft.± (0.29 Acres±) Surveyor's Notes 1).This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by the Indian River County Public Works Department-Survey Section,Job No. 1435, Dated December 11,2014.Together with the Plat of Hampshire Subdivision, Recorded in Plat Book 2, Page 99, Public Records of Indian River County, Florida. 2).This legal description shall not be valid unless: (a)Provided in its entirety consisting of 2 sheets,with sheet 2 showing the sketch of the description. (b)Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C.R. =COUNTY ROAD Certification I.R.F.W.C.D. = INDIAN RIVER FARMS (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL WATER CONTROL DISTRICT RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) L =LENGTH OF ARC LLC =LIMITED LIABILITY COMPANY I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY O.R.B. =OFFICIAL RECORD BOOK SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID (P) =PLAT SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND P.B. =PLAT BOOK BELIEF. PGE =PAGE PBS = PLAT BOOK ST.LUCIE I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF A =DELTA ANGLE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SQ.FT. =SQUARE FEET SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, R =RANGE PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. R/W =RIGHT-OF-WAY T =TOWNSHIP DATE OF SIGNATURE DAVID M.SILON PROFESSIONAL SURVEYOR AND MAPPER This is not a Boundary Survey FLORIDA CERTIFICATE NO.6139 AGENCY: INDIAN RIVER COUNTY, FL Sketch and Legal Descri tion PUBLIC WORKS DEPT./ENGINEERING DIV. g p DATE: DRAWN BY: for: 10/01/19 ' R. INGLETT SCALE: N/AAPPROVED BY: D. SILON INDIAN RIVER COUNTY SHEET: JOB NO: (5030 26th STREET) 1 OF 2 1435 Sketch and Legal Description for: INDIAN RIVER COUNTY 139.0'(P) = w o 50' _1 Ali, Iii rn LOT 20 4 P.B. 2, PGE 99 J D >_ .> rn a _ . _:6 '6 _ 32-39-23-00004-0000-00000.3 I- XI IN 1 d0 DADEAN VID AVENUE rrn —N N 2 O.R.B. 1478, PG 1823 2 P C r m NOT TO SCALE a T-1 D aJ E aw z v zr.i n v 2 >- C --H D cn 3 j CO 139.0'(P)� �,1 OT 21 o Q M / z m I lla ___ SEMENT -.13 , ///// V///// LOT A ER P.AGE 99 ;W I -�, N /Hampshire Su division/ �da/ (PLAT BOOK 2, PAGE 99) m / XM12,510 SQ. FT.f(0,29IACREt)� co 00/ 32-39 33-00004-0060-OOOOb.1' Ny,N, INDIAN RIVER COUNTY I / 5030. 26th 37 S 15 32-39-23-00001-0150-00002.0 00 O.R.B. 2837, PG Y587 D I C////////i/// INDIAN RIVER COUNTY m I�o/ESS AND EXCEPT THE SOUTH 25' / O.R.B.R. 0 2703,PG 1244 4 50' ///// . /////// //////// .A . P.B. 2, PGE 99 / # 0 --i---0 I 01 D• c _ _RIGHT OF,WAY LINE a RIGHT OF WAY UNE i 4 139.0'(P) I t°� II RIGHT OF WAY LINE Mi — I I - ta, I ie. 26th Street (Walker Avenue) ;W 10I 0 (4, IN �a I I nt I,f is :al 1^ I im I i aa: — _ SOUTH LINE SECTION 33-32-39 _ TRACT 14 1 1 $ NORTH LINE SECTION 4-33-39 TRACT 3 Indian River Farms Water Control District Lateral A-3 Canal M - - - - I Legend and Abbreviations C.R. =COUNTY ROAD LLC =LIMITED LIABILITY COMPANY PGE =PAGE I.R.F.W.C.D.= INDIAN RIVER FARMS O.R.B. =OFFICIAL RECORD BOOK PBS = PLAT BOOK ST.LUCIE WATER CONTROL DISTRICT (P) =PLAT =DELTA ANGLE L =LENGTH OF ARC P.B. =PLAT BOOK SQ.FT. =SQUARE FEET R =RANGE RAN =RIGHT-OF-WAY This is not a Boundary Survey T =TOWNSHIP AGENCY: INDIAN RIVER COUNTY, FL Sketch and Legal Description PUBLIC WORKS DEPT./ENGINEERING DIV. DATE: DRAWN BY: for: 10/01/19 R. INGLETT SCALE: N/A D. BY: D. SILON INDIAN RIVER COUNTY SHEET: JOB NO: (5030 26th STREE4T) 2 OF 2 1435 CONSENT AGENDA: 10/22/2019 Office of \ INDIAN RIVER COUNTY i � ATTORNEY `moi Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Susan J.Prado,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal— Deputy County Attorney DATE: October 10, 2019 SUBJECT: Resolution Formally Designating a Portion of County Owned Property as Right-Of-Way Located at 5020 26th Street In August, 2013 the County purchased a parcel of land with a site address of 5020 26th Street from Bamaric of VB, LLC for future road expansion of 26th Street in order to avoid future expert witness costs and attorney's fees in an eminent domain process which would ultimately be necessary when the road expansion project was ready to proceed. The intent of the County is to now earmark by a formal document that portion of the property for right-of-way with the remainder intended to be used for future stormwater purposes. In this regard, a resolution has been prepared to designate a portion of property for future right-of-way. FUNDING: The only cost associated with this matter will be recording fees for recordation of the resolution in the amount of $44.00. Funding for this expenditure is budgeted and available in Traffic Impact Fees/District 2/26th St/43rd Ave to 58th Ave, Account No. 10215241-066510-06011. RECOMMENDATION: Adopt the resolution, do t and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. nhm Attachment cc: Robert Garst—GIS Department Head,IRC Property Appraiser's Office 45 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR RIGHT-OF- WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PARCEL (METES AND BOUNDS DESCRIPTION WITHIN TRACT 15 OF SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA). WHEREAS, on August 30, 2013 Indian River County purchased property with a site address of 5020 26th Street from Bamaric of VB, LLC for future road widening of 26th Street; said conveyance was recorded in Book 2703 at Page 1244 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way, with the remainder intended to be used for future stormwater purposes; and WHEREAS, a sketch/description of the right-of-way has been prepared and is attached hereto as Exhibit "A"; and WHEREAS, a sketch/description has been prepared for the remainder property and is attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as 46 right-of-way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of.property as described and depicted on the attached Exhibit "A," is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 47 The Chairman thereupon declared the resolution duly passed and adopted this day of , 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman ATTEST: Jeffrey R. 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Brown, County Administrator THROUGH: Kristin Daniels,Budget Director FROM: Will Rice, Manager, IS/GIS Division DATE: October 14, 2019 SUBJECT: 2020 Oblique Aerial Imagery Acquisition Project DESCRIPTION AND CONDITIONS This agenda item is a proposal for the acquisition of high-resolution oblique and vertical aerial imagery of the populated eastern half of Indian River County for the years 2020, 2021, and 2022. Annual new flights of aerial imagery are valuable to GIS staff for maintaining key street centerline and addressing related data sets,maintenance and update of other GIS layers, and, in parallel with building permit data, verifying change due to new residential and commercial construction. Additionally,the high-resolution oblique imagery has proved valuable to Code Enforcement staff for the identification of code violations and Traffic Engineering staff for documenting signage, lane configurations, and roadway lane markings. Oblique aerial imagery, aerial photographs taken with the camera axis at a side angle,provides side and profile views of features. These oblique or side views frequently provide the additional detail and information needed to identify a feature. In addition, objects that are not visible in vertical aerial imagery often can be detected and identified using the oblique imagery. Pictometry International Corporation is a firm that specializes in acquiring high resolution oblique aerial imagery. Nearby counties in Florida that Pictometry currently contracts with include Brevard, Martin, Osceola, Okeechobee, and Palm Beach Counties. Indian River County has previously contracted with Pictometry in 2011, 2013, 2015, 2016, and a three year contract from 2017 thru 2019. Staff is proposing a three year, multi-year contract with Pictometry to acquire new high resolution oblique and vertical aerial imagery during the three time periods of January 2020, January 2021, and January 2022. The area of coverage for each aerial imagery flight is 355 square miles and the specific project limits are shown in Attachment 1. Each area in the project area would be imaged in 5 different directions, north, south, east, and west, and a vertical view at approximately a 3" ground resolution. Staff is proposing the three year, multi-year contract with Pictometry because of the 15%discount Pictometry is offering with the three year contract. The contract includes a"Non-Appropriation" clause which allows the contract to be suspended for subsequent projects if in subsequent years funding is not approved for the contract. 51 The specific deliverables for the project are listed in Section A. Imagery deliverables for the project include a digital image library containing the oblique aerial imagery and a single seamless image mosaic created from the vertical imagery. Pictometry has specialized software for viewing and working with the oblique and vertical imagery. Pictometry's software applications include their ConnectExplorer web applications, Connect Mobile applications for tablets and smartphones, and Pictometry's Extension for ArcGIS which allows the County's ArcGIS users to view the Pictometry oblique and vertical directly in their ArcGIS software. A concern of staff is making sure that the oblique imagery, once acquired, is made available and distributed as widely and quickly as possible. Under the terms of the Pictometry license agreement, copies of the above image libraries and software can be made available to all government entities located within Indian River County. Government entities would include all municipal governments and Constitutional Officers. Due to the fact that we have a historical library of imagery provided by Pictometry, and that Pictometry has a specialized nature of the oblique and vertical image library deliverables and specialized software needed for viewing the oblique imagery, staff is requesting that Pictometry be classified as a"sole source"provider and that the Board of County Commissioners authorize the requirement for bids be waived for this contract. FUNDING The total cost of the three year project is $373,755.00. The agreement allows for the fees to be paid in three annual payments of$124,585.00 each. Funds for the first flight and first year of the project are budgeted and available in the Fiscal Year 2019-2020 IS/GIS Division budget, Account#'s 505-166153 in the amount of$121,635.00 for the imagery and 50510319-035120 in the amount of$2,950 for the software items of the agreement. RECOMMENDATION Staff requests that the Board of County Commissioners classify Pictometry as the sole source provider for high-resolution oblique and vertical aerial imagery, waive the requirement for bids, authorize the execution of the attached contract with Pictometry as described in Section A in the amount of$124,585.00, and requests that the Board authorize the Chairman to sign the attached agreement and related documents after review by the County Attorney. ATTACHMENTS: 1. Map of Aerial Imagery Coverage and Project Limits 2. Agreement between Pictometry International Corp. and Indian River County. 3. Pictometry Certificate of Insurance (COI) APPROVED AGENDA ITEM FOR: October 22, 2019 52 ca ,fid `s I`i -j :;:ti'. - •,F'l fill - �•_... `-'S CKtg• r• I1 '7 "Q0�F'1 J" ---5( 1—,-..~-7 fes-,!-5( ,+ "1:1---14.11:--1::: - ... 1 I L7 1, o w. fir—r'',1 ri W' tontr�`j4Y; _ i' , r1T • 9 L ce 11 i 1.„)0 '-. f-. / 17LJ f LI- Er ''l� r/_ -' r -1,.• v` '..lelp_ , 9 ` - �_,`., . �.” �` + .fir' i?t� • ,,,',.-.A1'.. ij -L-'lii F " '" ' li 1 [ li• CV tam,, Q , .p CSI w I A.--...... -: Ilii ti 4I�1 r- al N + e tt - , '1'\401=6.1111 -;s461__ -m.. -- T ii '1 ........ded: 11 „ .10 0 1I C / h ' ' I_ 1 I i r i N 1 I/ ke iHE jj 1 i ., r' - '' ------- 05 - Iii' '� \ � ol q 17FY, - 1 �`. to CD \'_ 'W I,_,111!,.. . , 6:1)7•-c,, • 111 ),C ca ' FM w o •- ti A1N11'OaI d�i,o•3;a;s a' y y, r' AGREEMENT BETWEEN PICTOMETRY INTERNATIONAL CORP. ("PICTOMETRY") AND INDIAN RIVER COUNTY,FL ("CUSTOMER") 1. This order form("Order Form"),in combination with the contract components listed below: Section A:Product Descriptions,Prices and Payment Terms Section B:License Terms: • Delivered Content Terms and Conditions of Use • Online Services General Terms and Conditions • Software License Agreement Section C:Non-Standard Terms and Conditions (all of which,collectively,constitute this"Agreement")set forth the entire understanding between Pictometry and Customer with respect to the subject matter hereof and supersedes all prior representations,agreements and arrangements,whether oral or written,relating to the subject matter hereof. Any modifications to this Agreement must be made in writing and be signed by duly authorized officers of each party. Any purchase order or similar document issued by Customer in connection with this Agreement is issued solely for Customer's internal administrative purposes and the terms and conditions set forth on any such purchase order shall be of no force or effect as between the parties. 2. In the event of any conflict among any contract components comprising this Agreement,order of precedence for resolving such conflict shall be,from highest(i.e.,supersedes all others)to lowest(i.e.,subordinate to all others):Non-Standard Terms and Conditions;Product Descriptions,Prices and Payment Terms;License Terms in order as listed above under the heading`Section B:License Terms';and Order Form. 3. All notices under this Agreement shall be in writing and shall be sent to the following respective addresses: CUSTOMER NOTICE ADDRESS PICTOMETRY NOTICE ADDRESS 1800 27th Street 25 Methodist Hill Drive Vero Beach,FL 32960 Rochester,NY 14623 Attn: William Rice,GIS Manager Attn: General Counsel Phone: 772-226-1609 Phone: (585)486-0093 Fax: (585)486-0098 Either party may change their respective notice address by giving written notice of such change to the other party at the other party's then-current notice address. Notices shall be given by any of the following methods:personal delivery;reputable express courier providing written receipt;or postage-paid certified or registered United States mail,return receipt requested. Notice shall be deemed given when actually received or when delivery is refused. 4. This Agreement,including all licenses granted pursuant to it,shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns,but shall not be assignable by either party except that(i)Pictometry shall have the right to assign its right to receive Fees under this Agreement,provided no such assignment shall affect Pictometry's obligations hereunder, and(ii)Pictometry shall have the right to assign all its rights under this Agreement to any person or entity,provided the assignee has assumed all of Pictometry's obligations under this Agreement. 5. IN NO EVENT SHALL EITHER PARTY BE LIABLE,UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT(INCLUDING UNDER THEORIES INVOLVING TORT,CONTRACT, NEGLIGENCE,STRICT LIABILITY,OR BREACH OF WARRANTY),FOR ANY LOST PROFITS OR FOR ANY INDIRECT,INCIDENTAL,CONSEQUENTIAL,PUNITIVE,OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY OR OTHERS,EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. With respect to any claims that Customer may have or assert against Pictometry on any matter relating to this Agreement,the total liability of Pictometry shall,in the aggregate,be limited to the aggregate amount received by Pictometry pursuant to this Agreement. 7. The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind. 8. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable,such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. 54 • 9. Pictometry shall not be responsible for any failure on its part to perform due to unforeseen circumstances or to causes beyond Pictometry's reasonable control,including but not limited to acts of God,war,riot,embargoes,acts of civil or military authorities, fire,weather,floods,accidents,strikes,failure to obtain export licenses or shortages or delays of transportation,facilities,fuel, energy,supplies, labor or materials.In the event of any such delay,Pictometry may defer performance for a period of time reasonably related to the time and nature of the cause of the delay. 10. In consideration of,and subject to,payment by Customer of the Fees specified in Section A of this Agreement,Pictometry agrees to provide Customer with access to and use of the products specified in Section A of this Agreement,subject to the terms and conditions set forth in this Agreement. Customer hereby agrees to pay the Fees specified in Section A of this Agreement in accordance with the stated payment terms and accepts and agrees to abide by the terms of this Agreement. This Agreement shall become effective upon execution by duly authorized officers of Customer and Pictometry and receipt by Pictometry of such fully executed document,such date of receipt by Pictometry being the"Effective Date." PARTIES: CUSTOMER PICTOMETRY INDIAN RIVER COUNTY,FL PICTOMETRY INTERNATIONAL CORP. (entity type) a Delaware corporation SIGNATURE: SIGNATURE: NAME: NAME: TITLE: TITLE: DATE: EXECUTION DATE: DATE OF RECEIPT(EFFECTIVE DATE): 55 SECTION A PRODUCT DESCRIPTIONS,PRICES AND PAYMENT TERMS Pictometry International Corp. ORDER# 25 Methodist Hill Drive C12535204 Rochester,NY 14623 BILL TO SHIP TO Indian River County,FL Indian River County,FL William Rice;GIS Manager William Rice,GIS Manager 1800 27th Street 1800 27th Street Vero Beach,FL 32960 Vero Beach,FL 32960 772-226-1609 772-226-1609 wrice@a ircgov.com wricet?ircgov.com CUSTOMER ID SALES REP FREQUENCY OF PROJECT A116541 CDeca Annual FIRST PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT PRICE CA) 318 IMAGERY- Product includes:3-inch GSD oblique frame images(4- $450.00 $382.50 $121,635.00 NEIGHBORHOOD-4-way way),3-inch GSD orthogonal frame images,1-meter GSD (15%—Long (N5)(3in)Per Sector ortho mosaic sector tiles and one area-wide 1-meter GSD Term Incentive mosaic(ECW format).Orthogonal GSD:0.25 feet/pixel; Discount) Nominal Oblique GSD(all values+/-10%):Front Line: 0.24 feet/pixel,Middle Line:0.28 feet/pixel,Back Line: 0.34 feet/pixel. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use l Pictometry Connect-CA- Pictometry Connect-CA-50(Custom Access)provides $2,200.00 $2,200.00 50 up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web- based,server-based or desktop integration.The default deployment is through web-based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions:Online Services General Terms and Conditions;Software License Agreement 1 Pictometry Connect View- Pictometry Connect View-CA(Custom Access)provides $750.00 $750.00 CA visualization-only access to the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web application or server based integration.Requires a customer-provided web application or server based application. With respect to imagery available through this product to third parties or the Public,Pictometry reserves the right to reduce the resolution of the imagery available.Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions:Web Visualization Offering Terms and Conditions E-911 Interface-Unlimited Perpetual License. Product enables system interface but $15,000.00 $0.00 $0.00 Seats in all PSAPS does not cover the actual integration. Licensee must (100%) engage third party to provide this integration. Applicable Terms and Conditions:Order Form 1 Survey Report-Imagery Available with corresponding imagery purchase. Product $1,500.00 $0.00 $0.00 Project-Compiled To Includes: Report signed/sealed by appropriately (100%) Accuracy Statement credentialed personnel. Report details production statistics including GPS/INS post processing and includes an NSSDA compliant"Compiled To"accuracy statement. Applicable Terms and Conditions:Order Form 1 State License Fee State license fee. $0.00 $0.00 Applicable Terms and Conditions:Order Form 355 Mosaic-Area Wide(3in Available with purchase of corresponding tile product. $2.00 $0.00 $0.00 GSD;MrSID format; New processing or re-processing to MrSID of individual (100%) individual)Per Sector tiles of 3-inch GSD imagery. Tiles are provided"as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 56 355 Tiles-Standard Compressed Available with purchase of corresponding tile product. $4.00 $0.00 $0.00 (3in GSD;MrSID format) New processing or re-processing to MrSID of individual (100%) Per Sector tiles of 3-inch GSD imagery. Tiles are provided"as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions:Delivered Content 'Terms and Conditions of Use 355 Tiles-Standard(3in GSD; Available with corresponding 3"GSD imagery purchase. $20.00 $0.00 $0.00 TIFF format)Per Sector 3-inch GSD Mosaic Tiles in TIFF Format.Tiles are (100%) provided"as is."Refer to Product Parameters for additional details. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 37 IMAGERY- Product includes:3-inch GSD oblique frame images(4- $525.00 $0.00 $0.00 NEIGHBORHOOD-4-way way),3-inch GSD orthogonal frame images, 1-meter GSD (100%) (N5)(3in)Per Sector ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic(ECW format).Orthogonal GSD:0.25 feet/pixel; Nominal Oblique GSD(all values+/-10%):Front Line: 0.24 feet/pixel,Middle Line:0.28 feet/pixel,Back Line: 0.34 feet/pixel. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 1 Media Drive Capacity 931G- External USB 2.0/eSATA Extemally Powered.Delivery $199.00 $0.00 $0.00 Drive Model 1T - media prices include copying a complete image library (100%) EXTPOWER onto media.Sub-warehousing sold separately. Applicable Terms and Conditions:Order Form 1 RapidAccess-Disaster RapidAccess-Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions:Order Form 1 Oblique Imagery Bundle Includes digital copy of the Licensed Documentation for $0.00 $0.00 with One(1)Year of EFS the License Software,two(2)End User Training Maintenance&Support Sessions,one(1)Advanced User Technical Training,one (l)Administration/IT Training Session,five(5)hours of telephone support,one copy of Pictometry Electronic Field Study(EFS)software,latest version,on the storage media specified herein,and access to download updated versions of the EFS Licensed Software for a period of one years from the initial date of shipment of the EFS software,along with a copy of the updated documentation. Applicable Terms and Conditions:Software License Agreement 1 Pictometry Connect- Pictometry Connect-EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery,as (100%) specified elsewhere in this agreement,immediately following its preliminary processing and quality control checks and prior to its final processing. Early Access imagery will become available in CONNECT Explorer incrementally as it is processed and it will remain available until final,fully processed imagery is made available through other means. This offering requires an active Pictometry CONNECT account and the current purchase of access to an imagery product. Applicable Terms and Conditions:Online Services General Terms and Conditions SUBTOTAL—FIRST PROJECT $124,585.00 SECOND PROJECT ISCOUNT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE pR CE(%) AMOUNT 318 IMAGERY- Product includes:3-inch GSD oblique frame images(4- $450.00 $382.50 $121,635.00 NEIGHBORHOOD-4-way way),3-inch GSD orthogonal frame images,1-meter GSD (15%—Long (N5)(3in)Per Sector ortho mosaic sector tiles and one area-wide 1-meter GSD Term Incentive mosaic(ECW format).Orthogonal GSD:0.25 feet/pixel; Discount) Nominal Oblique GSD(all values+/-10%):Front Line: 0.24 feet/pixel,Middle Line:0.28 feet/pixel,Back Line: 0.34 feet/pixel. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 1 Pictometry Connect-CA- Pictometry Connect-CA-50(Custom Access)provides $2,200.00 $2,200.00 50 up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web- based,server-based or desktop integration.The default 57 deployment is through web-based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions:Online Services General Terms and Conditions;Software License Agreement 1 Pictometry Connect View- Pictometry Connect View-CA(Custom Access)provides $750.00 $750.00 CA visualization-only access to the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web application or server based integration.Requires a customer-provided web application or server based application. With respect to imagery available through this product to third parties or the Public,Pictometry reserves the right to reduce the resolution of the imagery available.Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions:Web Visualization Offering Terms and Conditions 1 E-911 Interface-Unlimited Perpetual License. Product enables system interface but $15,000.00 $0.00 $0.00 Seats in all PSAPS does not cover the actual integration. Licensee must (100%) engage third party to provide this integration. Applicable Terms and Conditions:Order Form 1 Survey Report-Imagery Available with corresponding imagery purchase. Product $1,500.00 $0.00 $0.00 Project-Compiled To Includes: Report signed/sealed by appropriately (100%) Accuracy Statement credentialed personnel. Report details production statistics including GPS/INS post processing and includes an NSSDA compliant"Compiled To"accuracy statement. Applicable Terms and Conditions:Order Form 1 State License Fee State license fee. $0.00 $0.00 Applicable Terms and Conditions:Order Form 355 Mosaic-Area Wide(3in Available with purchase of corresponding tile product. $2.00 $0.00 $0.00 GSD;MrSID format; New processing or re-processing to MrSID of individual (100%) individual)Per Sector tiles of 3-inch GSD imagery. Tiles are provided"as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 355 Tiles-Standard Compressed Available with purchase of corresponding tile product. $4.00 $0.00 $0.00 (3in GSD;MrSID format) New processing or re-processing to MrSID of individual (100%) Per Sector tiles of 3-inch GSD imagery. Tiles are provided"as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 355 Tiles-Standard(3in GSD; Available with corresponding 3"GSD imagery purchase. $20.00 $0.00 $0.00 TIFF format)Per Sector 3-inch GSD Mosaic Tiles in TIFF Format.Tiles are (100%) provided"as is."Refer to Product Parameters for additional details. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 37 IMAGERY- Product includes:3-inch GSD oblique frame images(4-• $525.00 $0.00 $0.00 NEIGHBORHOOD-4-way way),3-inch GSD orthogonal frame images,1-meter GSD (100%) (N5)(3in)Per Sector ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic(ECW format).Orthogonal GSD:0.25 feet/pixel; Nominal Oblique GSD(all values+/-10%):Front Line: 0.24 feet/pixel,Middle Line:0.28 feet/pixel,Back Line: 0.34 feet/pixel. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 1 Media Drive Capacity 931G- External USB 2.0/eSATA Externally Powered.Delivery $199.00 $0.00 $0.00 Drive Model IT - media prices include copying a complete image library (100%) EXTPOWER onto media.Sub-warehousing sold separately. Applicable Terms and Conditions:Order Form 1 RapidAccess-Disaster RapidAccess-Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions:Order Form 1 Oblique Imagery Bundle Includes digital copy of the Licensed Documentation for $0.00 $0.00 with One(1)Year of EFS the License Software,two(2)End User Training Maintenance&Support Sessions,one(1)Advanced User Technical Training,one (1)Administration/IT Training Session,five(5)hours of telephone support,one copy of Pictometry Electronic Field Study(EFS)software,latest version,on the storage media specified herein,and access to download updated versions of the EFS Licensed Software for a period of one 58 years from the initial date of shipment of the EFS software,along with a copy of the updated documentation. Applicable Terms and Conditions:Software License Agreement 1 Pictometry Connect- Pictometry Connect-EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery,as (100%) specified elsewhere in this agreement,immediately following its preliminary processing and quality control checks and prior to its final processing. Early Access imagery will become available in CONNECT Explorer incrementally as it is processed and it will remain available until final,fully processed imagery is made available through other means. This offering requires an active Pictometry CONNECT account and the current purchase of access to an imagery product. Applicable Terms and Conditions:Online Services General Terms and Conditions SUBTOTAL—SECOND PROJECT $124,585.00 THIRD PROJECT QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT PRICE(%) 318 IMAGERY- Product includes:3-inch GSD oblique frame images(4- $450.00 $382.50 $121,635.00 NEIGHBORHOOD-4-way way),3-inch GSD orthogonal frame images,1-meter GSD (15%—Long (N5)(3in)Per Sector ortho mosaic sector tiles and one area-wide 1-meter GSD Term Incentive mosaic(ECW format).Orthogonal GSD:0.25 feet/pixel; Discount) Nominal Oblique GSD(all values+/-10%):Front Line: 0.24 feet/pixel,Middle Line:0.28 feet/pixel,Back Line: 0.34 feet/pixel. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 1 Pictometry Connect-CA- Pictometry Connect-CA-50(Custom Access)provides $2,200.00 $2,200.00 50 up to 50 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web- based,server-based or desktop integration.The default deployment is through web-based Pictometry Connect. Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions:Online Services General Terms and Conditions;Software License Agreement 1 Pictometry Connect View- Pictometry Connect View-CA(Custom Access)provides $750.00 $750.00 CA visualization-only access to the Pictometry-hosted custom imagery libraries specified elsewhere in this Agreement via a web application or server based integration.Requires a customer-provided web application or server based application. With respect to imagery available through this product to third parties or the Public,Pictometry reserves the right to reduce the resolution of the imagery available.Term commences on date of activation. The quantity represents the number of years in the Connect term. Applicable Terms and Conditions:Web Visualization Offering Terms and Conditions 1 E-911 Interface-Unlimited Perpetual License. Product enables system interface but $15,000.00 $0.00 $0.00 Seats in all PSAPS does not cover the actual integration. Licensee must (100%) engage third party to provide this integration. Applicable Terms and Conditions:Order Form 1 Survey Report-Imagery Available with corresponding imagery purchase. Product $1,500.00 $0.00 $0.00 Project-Compiled To Includes: Report signed/sealed by appropriately (100%) Accuracy Statement credentialed personnel. Report details production statistics including GPS/INS post processing and includes an NSSDA compliant"Compiled To"accuracy statement. Applicable Terms and Conditions:Order Form 1 State License Fee State license fee. $0.00 $0.00 Applicable Terms and Conditions:Order Form 355 Mosaic-Area Wide(3in Available with purchase of corresponding tile product. $2.00 $0.00 $0.00 GSD;MrSID format; New processing or re-processing to MrSID of individual (100%) individual)Per Sector tiles of 3-inch GSD imagery. Tiles are provided"as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 59 355 Tiles-Standard Compressed Available with purchase of corresponding tile product. $4.00 $0.00 $0.00 (3in GSD;MrSID format) New processing or re-processing to MrSID of individual (100%) Per Sector tiles of 3-inch GSD imagery. Tiles are provided"as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 355 Tiles-Standard(3in GSD; Available with corresponding 3"GSD imagery purchase. $20.00 $0.00 $0.00 TIFF format)Per Sector 3-inch GSD Mosaic Tiles in TIFF Format.Tiles are (100%) provided"as is."Refer to Product Parameters for additional details. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 37 IMAGERY- Product includes:3-inch GSD oblique frame images(4- $525.00 $0.00 $0.00 NEIGHBORHOOD-4-way way),3-inch GSD orthogonal frame images,1-meter GSD (100%) (N5)(3in)Per Sector ortho mosaic sector tiles and one area-wide 1-meter GSD mosaic(ECW format).Orthogonal GSD:0.25 feet/pixel; Nominal Oblique GSD(all values+/-10%):Front Line: 0.24 feet/pixel,Middle Line:0.28 feet/pixel,Back Line: 0.34 feet/pixel. Applicable Terms and Conditions:Delivered Content Terms and Conditions of Use 1 Media Drive Capacity 931G- External USB 2.0/eSATA Externally Powered.Delivery $199.00 $0.00 $0.00 Drive Model 1T - media prices include copying a complete image library (100%) EXTPOWER onto media.Sub-warehousing sold separately. Applicable Terms and Conditions:Order Form 1 RapidAccess-Disaster RapidAccess-Disaster Response Program is an $0.00 $0.00 Response Program emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions:Order Form 1 Oblique Imagery Bundle Includes digital copy of the Licensed Documentation for $0.00 $0.00 with One(1)Year of EFS the License Software,two(2)End User Training Maintenance&Support Sessions,one(1)Advanced User Technical Training,one (I)Administration/IT Training Session,five(5)hours of telephone support,one copy of Pictometry Electronic Field Study(EFS)software,latest version,on the storage media specified herein,and access to download updated versions of the EFS Licensed Software for a period of one years from the initial date of shipment of the EFS software,along with a copy of the updated documentation. Applicable Terms and Conditions:Software License Agreement 1 Pictometry Connect- Pictometry Connect-EarlyAccess provides authorized $10,000.00 $0.00 $0.00 EarlyAccess users the ability to login and access the imagery,as (100%) specified elsewhere in this agreement,immediately following its preliminary processing and quality control checks and prior to its final processing. Early Access imagery will become available in CONNECT Explorer incrementally as it is processed and it will remain available until final,fully processed imagery is made available through other means. This offering requires an active Pictometry CONNECT account and the current purchase of access to an imagery product. Applicable Terms and Conditions:Online Services General Terms and Conditions SUBTOTAL—THIRD PROJECT • $124,585.00 Thank you for choosing Pictometry as your service provider. TOTAL $373,755.00 'Amount per product=((1-Discount%)*Qty*List Price) FEES;PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement("Fees")are expressed in United States dollars and do not include any duties,taxes (including,without limitation,any sales,use,ad valorem or withholding,value added or other taxes)or handling fees,all of which are in addition•to the amounts shown above and,to the extent applicable to purchases by Customer,shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty(30)days following the invoice due date, such unpaid amounts shall accrue,and Customer shall pay,interest at the rate of 1.5%per month(or at the maximum rate allowed by law,if less). In addition,Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts due under this Agreement including,but not limited to,attorneys'fees and court costs. FIRST PROJECT 60 Due at Initial Shipment of Imagery $124,585.00 Total Payments $124,585.00 SECOND PROJECT Due at Initial Shipment of Imagery $124,585.00 • Total Payments $124,585.00 THIRD PROJECT Due at Initial Shipment of Imagery $124,585.00 Total Payments $124,585.00 PRODUCT PARAMETERS FIRST PROJECT IMAGERY Product: IMAGERY-NEIGHBORHOOD-4-way(N5)(3in)Per Sector Leaf Leaf Off:Less than 30%leaf cover Product: IMAGERY-NEIGHBORHOOD-4-way(N5)(3in)Per Sector Leaf. Leaf Off:Less than 30%leaf cover CONNECT Product: Pictometry Connect-CA-50 Admin User Name: William Rice Admin User Email: wrice@ircgov.com Geofence: F L BayFL Brevard FL Gulf FL Indian River f e (Primary Geofence)FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach Product: Pictometry Connect View-CA Admin User Name: William Rice Admin User Email: write@ircgov:com Geofence: FL Bay FL Brevard FL Gulf FL Indian River(Primary Geofence)FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach SECOND PROJECT IMAGERY Product: IMAGERY-NEIGHBORHOOD-4-way(N5)(3in)Per Sector Leaf. Leaf Off:Less than 30%leaf cover • Product: IMAGERY-NEIGHBORHOOD-4-way(N5)(3in)Per Sector Leaf Leaf Off:Less than 30%leaf cover CONNECT Product: Pictometry Connect-CA-50 Admin User Name: William Rice • Admin User Email: write@ircgov.com Geofence: FL Bay FL Brevard FL Gulf FL Indian River(Primary Geofence)FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach Product: Pictometry Connect View-CA Admin User Name: William Rice Admin User Email: write@ircgov.com' Geofence: FL Bay FL Brevard FL Gulf FL Indian River(Primary Geofence)FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach THIRD PROJECT IMAGERY Product: IMAGERY-NEIGHBORHOOD-4-way(N5)(3in)Per Sector 61 Leaf Leaf Off:Less than 30%leaf cover Product: IMAGERY-NEIGHBORHOOD-4-way(N5)(3in)Per Sector Leaf. Leaf Off:Less than 30%leaf cover CONNECT Product: Pictometry Connect-CA-50 Admin User Name: William Rice Admin User Email: wrice@ircgov.com Geofence: FL Bay FL Brevard FL Gulf FL Indian River(Primary Geofence)FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach Product: Pictometry Connect View-CA Admin User Name: William Rice Admin User Email: wrice@ircgov.com Geofence:. FL Bay FL Brevard FL Gulf FL Indian River(Primary Geofence)FL Okeechobee FL Osceola FL St. Lucie FL Palm Beach STANDARD ORTHO MOSAIC PRODUCTS Pictometry standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital elevation data with individual Pictometry ortho frames to create large-area mosaics on an extremely cost-effective basis. Because these products are produced through automated processes,rather than more expensive manual review and hand-touched corrective processes,there may be inherent artifacts in some of the resulting mosaics. While Pictometry works to minimize such artifacts,the Pictometry standard ortho mosaic products are provided on an'AS IS'basis with respect to visible cutlines along mosaic seams resulting from the following types of artifacts: i. Disconnects in non-elevated surfaces generally caused by inaccurate elevation data; ii. Disconnects in elevated surfaces(e.g.,roadways,bridges,etc.)generally caused by elevated surfaces not being represented in the elevation data; iii. Building intersect and clipping generally caused by buildings not being represented in the elevation data; iv. Seasonal variations caused by images taken at different times during a season,or during different seasons; v. Ground illumination variations caused by images taken under different illumination(e.g.,sunny,high overcast,morning light,afternoon light,etc.)within one flight day or during different flight days; vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures; vii. Mixed GSD color variations caused by adjacent areas being flown at different ground sample distances(GSDs);and viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water(e.g.,lakes,ponds,rivers,etc.). Other Pictometry products may be available that are less prone to such artifacts than the Pictometry standard ortho mosaic products. RapidAccess—Disaster Response Program("DRP") Customer is eligible for DRP described below from the Effective Date through the second anniversary of the initial Project delivery. Following payment to Pictometry of amounts due with respect to each subsequent Project,Customer will be eligible for the then-current DRP for a period of two years from delivery of such subsequent Project. Customer must be in good-standing with Pictometry to maintain eligibility for DRP. A. Disaster Coverage Imagery at No Additional Charge—Pictometry will,upon request of Customer and at no additional charge,provide standard quality imagery of up to 200 square miles of affected areas(as determined by Pictometry)upon the occurrence of any of the following events during any period Customer is eligible for DRP: ❑ Hurricane:areas affected by hurricanes of Category 2 and higher. ❑ Tornado:areas affected by tornados rated EF4 and higher.. O Terrorist:areas affected by damage fromterrorist attack. ❑ Earthquake:areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale. 0 Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis. B. Discounted Rate—Coverage for areas affected by the events set forth above exceeding 200 square miles will be,subject to Pictometry resource availability,offered to Customer at the then current DRP rates. Also,coverage for areas affected by hurricanes below Category H,tornadoes below EF4 or earthquakes rated below 6.0 on the Richter scale will be,subject to Pictometry resource availability,offered to Customer at the then current DRP rates. C. Online Services—Use of Pictometry Connect ExplorerTm —Pictometry's DRP includes the use of Connect Explorer for a term of ninety days from the date of delivery of the DRP imagery. Customer shall have access to the DRP imagery for as long as they maintain an active Connect account. 62 SECTION B LICENSE TERMS PICTOMETRY DELIVERED CONTENT TERMS AND CONDITIONS OF USE These Pictometry Delivered Content Terms and Conditions of Use(the"Delivered Content Terms and Conditions"),in combination with the corresponding Agreement into which these terms are incorporated,collectively set forth the terms and conditions that govern use of Delivered Content(as hereinafter defined)for use within computing environments operated by parties other than Pictometry. As used in the Delivered Content Terms and Conditions the terms"you"and"your"in uppercase or lowercase shall mean the Customer that entered into the Agreement into which the Delivered Content Terms and Conditions are incorporated. 1. DEFINITIONS 1.1 "Authorized Subdivision"means,if you are a county or a non-state consortium of counties,any political unit or subdivision located totally or substantially within your boundaries that you authorize to have access to Delivered Content pursuant to the Delivered Content Terms and Conditions. 1.2 "Authorized System"means a workstation or server that meets each of the following criteria(i)it is owned or leased by you or an Authorized Subdivision,(ii) it is located within and only accessible from facilities that are owned or leased by you or an Authorized Subdivision,and(iii)it is under the control of and may only be used by you or Authorized Subdivisions. 1.3 "Authorized User"means any employee of you or Authorized Subdivisions that is authorized by you to have access to the Delivered Content through an Authorized System. 1.4 "Delivered Content"means the images,metadata,data layers,models,reports and other geographic or structural visualizations or embodiments included in, provided with,or derived from the information delivered to you by or on behalf of Pictometry pursuant to the Agreement. 1.5 "Project Participant"means any employee or contractor of persons or entities performing services for compensation for you or an Authorized Subdivision that has been identified by written notice to Pictometry prior to being granted access to Delivered Content and,unless Pictometry expressly waives such requirement for any individual,has entered into a written agreement with Pictometry authorizing such access. 2. GRANT OF RIGHTS;RESTRICTIONS ON USE;OWNERSHIP 2.1 Subject to the terms and conditions of the Agreement,you are granted nonexclusive,nontransferable,limited rights to: (a)install the Delivered Content on Authorized Systems; (b)permit access and use of the Delivered Content through Authorized Systems by: (i)Authorized Users for performance of public responsibilities of you or Authorized Subdivisions that are to be performed entirely within facilities of you or Authorized Subdivisions; (ii)Project Participants under the supervision of Authorized Users for performance of tasks or preparation of materials using only hard copies(or jpg copies)of Delivered Content solely for fulfilling public responsibilities of you or Authorized Subdivisions to be performed entirely within facilities of you or Authorized Subdivisions;and (iii)individual members of the public,but only through Authorized Users and solely for the purpose of making hard copies or jpg copies of images of individual properties or structures(but not bulk orders of multiple properties or structures)to the individual members of the public requesting them. 2.2 You may not reproduce,distribute or make derivative works based upon the Delivered Content in any medium,except as expressly permitted in the Delivered Content Terms and Conditions. 2.3 You may not offer any part of the Delivered Content for commercial resale or commercial redistribution in any medium. 2.4 You may not distribute or otherwise make available any Delivered Content to Google or its affiliates,either directly or indirectly. 2.5 You may not exploit the goodwill of Pictometry,including its trademarks,service marks,or logos,without the express written consent of Pictometry. 2.6 You may not remove,alter or obscure copyright notices or other notices contained in the Delivered Content. 2.7 All right,title,and interest(including all copyrights,trademarks and other intellectual property rights)in Delivered Content in all media belong to Pictometry or its third party suppliers.Neither you nor any users of the Delivered Content acquire any proprietary interest in the Delivered Content,or any copies thereof, except the limited use rights granted herein. 3. OBLIGATIONS OF CUSTOMER 3.1 Geographic Data. If available,you agree to provide to Pictometry geographic data in industry standard format(e.g.,shape,DBF)including,but not limited to,digital elevation models,street centerline maps,tax parcel maps and centroids,which data,to the extentracticable shall be incorporated into the Delivered P rP Content. You agree that any of this data that is owned by you may be distributed and modified by Pictometry as part of its products and services,provided that at no time shall Pictometry claim ownership of that data. 3.2 Notification. You shall(a)notify Pictometry in writing of any claims or proceedings involving any of the Delivered Content within ten(10)days after you learn of the claim or proceeding,and(b)report promptly to Pictometry all claimed or suspected defects in Delivered Content. 3.3 Authorized User Compliance. You shall at all times be responsible for compliance by each Authorized User with the Delivered Content Terms and Conditions. 3.4 Authorized Subdivision Compliance.You shall at all times be responsible for compliance by each Authorized Subdivision with the Delivered Content Terms and Conditions. 3.5 Project Participants. Each notice to Pictometry identifying a potential Project Participant shall include a detailed description of the scope and nature of the Project Participants'planned work and the intended use of the Delivered Content in such work. Pictometry retains the right to restrict or revoke access to Delivered Content by any Project Participant who does not comply with the terms of the Delivered Content Terms and Conditions. 4. LICENSE DURATION;EFFECT OF TERMINATION 4.1 Term. The license granted to you in the Delivered Content Terms and Conditions is perpetual,subject to Pictometry's right to terminate the license in the event you do not pay in full the Fees specified elsewhere in the Agreement,the Agreement is terminated for any reason other than a breach of the Agreement by Pictometry,or as otherwise provided in the Agreement. 4.2 Effect of Termination. Upon termination of the license granted to you in the Delivered Content Terms and Conditions,you shall immediately'cease all use of the Delivered Content,promptly purge all copies of the Delivered Content from all workstations and servers on which any of it may be stored or available at the time,and retum hard drive/media containing Delivered Content to Pictometry. 5. TRADEMARKS;CONFIDENTIALITY 5.1 Use of Pictometry's Marks. You agree not to attach any additional trademarks,trade names,logos or designations to any Delivered Content or to any copies 63 of any Delivered Content without prior written approval from Pictometry. You may,however,include an appropriate government seal and your contact information so long as the seal and contact information in no way obscure or deface the Pictometry marks. You further agree that you will not use any Pictometry trademark,trade name,logo,or designation in connection with any product or service other than the Delivered Content. Your nonexclusive right to use Pictometry's trademarks,trade name,logos,and designations are coterminous with the license granted to you in the Delivered Content Terms. 5.2 Confidentiality of Delivered Content.The Delivered Content consists of commercially valuable,proprietary products owned by Pictometry,the design and development of which reflect an investment of considerable time,effort,and money. The Delivered Content is treated by Pictometry as confidential and contains substantial trade secrets of Pictometry. You agree that you will not disclose,provide a copy of,or disseminate the Delivered Content(other than as expressly permitted in the Delivered Content Terms and Conditions)or any part thereof to any person in any manner or for any purpose inconsistent with the license granted to you in the Delivered Content Terms and Conditions.You agree to use your best efforts to assure that your personnel,and any others afforded access to the Delivered Content,protect the Delivered Content against unauthorized use,disclosure, copying,and dissemination, and that access to the Delivered Content and each part thereof will be strictly limited. 6. LIMITED WARRANTY;DISCLAIMER OF WARRANTIES 6.1 Limited Warranties;Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated imagery as of the date of capture. As the sole and exclusive remedy for any breach of the foregoing warranty,Pictometry shall use reasonable efforts to correct any deficiency that precludes use of the Delivered Content in the manner intended. 6.2 Disclaimer of Other Warranties. Except as provided in Section 6.1,above,THE DELIVERED CONTENT IS PROVIDED TO YOU"AS IS"AND"WITH ALL FAULTS." PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. ALL IMPLIED WARRANTIES,INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND ACCURACY,ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY. 6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content,the total liability of Pictometry shall,in the aggregate,be limited to the aggregate amount received by Pictometry in payment for Delivered Content during the immediately preceding twenty-four(24)month period. 7. MISCELLANEOUS PROVISIONS 7.1 Restricted Rights. Delivered Content acquired with United States Government funds or intended for use within or for any United States federal agency is provided with"Restricted Rights"as defined in DFARS 252.227-7013,Rights in Technical Data and Computer Software and FAR 52.227-14,Rights in Data- General,including Alternate III,as applicable. 7.2 Governing Law. This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York,excluding its conflicts of law principles. [END OF DELIVERED CONTENT TERMS AND CONDITIONS] • 64 SECTION B LICENSE TERMS PICTOMETRY ONLINE SERVICES GENERAL TERMS AND CONDITIONS These Pictometry Online Services General Terms and Conditions(the"General Terms and Conditions"),in combination with the corresponding Pictometry order form, if any,collectively constitute the license agreement(the"License Agreement")that governs your use of the Pictometry online services(the"Online Services"),the images available in the Online Services,and all associated metadata and data layers included in,provided with,or derived from those images(the"Licensed Content") provided by Pictometry International Corp.and its affiliated companies(collectively,"Pictometry"). The terms"you"and"your"in uppercase or lowercase shall mean the individual,entity(e.g.,corporation,limited liability company,partnership,sole proprietor,etc.)or government agency entering into the License Agreement. 1. GRANT OF RIGHTS;RESTRICTIONS ON USE;OWNERSHIP 1.1 You are granted a nonexclusive,nontransferable,limited right to access and use the Online Services and the Licensed Content obtained or derived from the Online Services solely for your internal business purposes and not for resale or redistribution.The rights granted to you include,subject to the restrictions set forth below and on the Order Form,the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies and work product records,and the right to make hardcopies of the Licensed Content,provided that the Licensed Content and the permitted copies thereof may not be sold,leased,loaned,distributed,or copied for use by anyone other than you. 1.2 You may not make the Online Services available to any other party. 1.3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the Online Services. 1.4 You may not distribute or otherwise make available any Licensed Content to Google or its affiliates,either directly or indirectly. 1.5 You may not exploit the goodwill of Pictometry,including its trademarks,service marks,or logos,without the express written consent of Pictometry. 1.6 You may not remove,alter or obscure copyright notices or other notices contained in the Licensed Content. 1.7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium. 1.8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry. 1.9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for(a)credit or insurance for personal,family,or household purposes;(b)employment;or(c)a government license or benefit.The term"consumer"is defined in the United States Fair Credit Reporting Act at 15 USC§1681. 1.10 You may not access the Online Services via mechanical,programmatic,robotic,scripted or any other automated means. Unless otherwise agreed by Pictometry in writing,use of the Online Services is permitted only via manually conducted,discrete,human-initiated individual search and retrieval activities. 1.11 All right,title,and interest(including all copyrights,trademarks and other intellectual property rights)in the Online Services and the Licensed Content in all media belong to Pictometry or its third party suppliers.Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary interest in the Online Services,the Licensed Content,or any copies thereof,except the limited use rights granted herein. 2. ACCESS TO SERVICES 2.1 Only you,your employees,and temporary or contract employees dedicated to performing work exclusively for you(each,an"Eligible User"and collectively,the"Eligible Users")are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each Eligible User to be provided access to the Online Service shall be assigned a unique login/password("Pictometry Credential")for purposes of accessing the Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry Credentials may not be shared with,or used by,any other person,including other Eligible Users. You will promptly deactivate an Eligible User's Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible User's access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible Users, including associated charges,whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost,stolen,compromised,or misused. 2.2 The Online Services,the Licensed Content,and features and functionality within the Online Services may be enhanced,added to,withdrawn,or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release,and agree to hold Pictometry harmless from,all claims against Pictometry with respect to such access. 3. DISCLAIMERS 3.1 The Online Services and the Licensed Content are provided for visualization purposes only,are not authoritative or definitive,and do not constitute professional engineering or surveying services. 3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements,distance,height,angle,area and volume,may have significant consequences. 3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes. 3.4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data,is provided for informational purposes only,and is not suitable for use as the basis for hydrographic computations,estimations or analyses. 3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications,they are not designed or maintained to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all liability for damages claims and expenses arising from such use. 3.6 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy,completeness, efficacy,timeliness and adequacy for your intended purpose. 3.7 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences resulting from the use of the Online Services or the Licensed Content. 3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages,claims and expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content. 3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content,you waive any and all rights you may have against Pictometry,each third party supplier of any portion of the Online Services or the Licensed Content,and each of their directors,officers,members and employees,arising out of use of or reliance upon the Online Services or the Licensed Content. 4. LIMITED WARRANTY 65 4.1 Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your Eligible Users as authorized expressly by this License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1,THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN"AS IS", "AS AVAILABLE"BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OF LIABILITY 5.1 No Covered Party(as defined below)shall be liable for any loss,injury,claim,liability,or damage of any kind resulting in any way from(a)any errors in or omissions from the Online Services or the Licensed Content,(b)the unavailability or interruption of the Online Services or any features thereof or the Licensed Content,(c)your or an Eligible User's use of the Online Services or the Licensed Content,(d)the loss or corruption of any data or equipment in connection with the Online Services or the Licensed Content,(e)the content,accuracy,or completeness of the Licensed Content,all regardless of whether you received assistance in the use of the Online Service from a Covered Party,(f)any delay or failure in performance beyond the reasonable control of a Covered Party,or(g)any content retrieved from the Internet even if retrieved or linked to from within the Online Services. 5.2 "Covered Party"means(a)Pictometry and any officer,director,employee,subcontractor,agent,successor,or assign of Pictometry;and(b)each third party supplier of any Licensed Content,third party alliance entity,their affiliates,and any officer,director,employee,subcontractor,agent,successor,or assign of any third party supplier of any Licensed Content or third party alliance entity and their affiliates. 5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL,INDIRECT,INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER(INCLUDING,WITHOUT LIMITATION,ATTORNEYS'FEES)IN ANY WAY DUE TO,RESULTING FROM,OR ARISING IN CONNECTION WITH THE ONLINE SERVICES,THE LICENSED CONTENT,OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR(AND YOUR ELIGIBLE USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5: (a)If there is a breach of the warranty in Section 4.1 above,then Pictometry,at its option and expense,shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent,trademark,service mark,copyright or trade secret infringement related to use of the Online Services or the Licensed Content,asserted against you by such third party provided:(i)all use of the Online Services and the Licensed Content was in accordance with this License Agreement;(ii)the claim,cause of action or infringement was not caused by you modifying or combining the Online Services or the Licensed Content with or into other products,applications,images or data not approved by Pictometry;(iii)you give Pictometry prompt notice of such claim;and(iv)you give Pictometry the right to control and direct the investigation,defense and settlement of such claim. You,at Pictometry's expense,shall reasonably cooperate with Pictometry in connection with the foregoing. (b)In addition to Section 5.5(a),if the Online Services,the operation thereof or the Licensed Content become,or in the opinion of Pictometry are likely to become,the subject of a claim of infringement,Pictometry may,at its option and expense,either:(i)procure for you the right to continue using the Online Services or the Licensed Content,(ii)replace or modify the Online Services or the Licensed Content so that they become non-infringing;or(iii) terminate the License Agreement on notice to you and grant you a pro-rata refund or credit(whichever is applicable)for any pre-paid fees or fixed charges. (c)The provisions of Sections 5.5(a)and(b)shall constitute your sole and exclusive remedy for the respective matters specified therein. 6. MISCELLANEOUS 6.1 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this License Agreement,such changes will:(a)only be applied prospectively;and(b)not be specifically directed against you or your Eligible Users but will apply to all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to Pictometry if any change to the terms and conditions of this License Agreement is unacceptable to you. For termination to be effective under this Section 6.1,written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change,but does not affect the foregoing termination right. Except as provided above,this License Agreement may not be supplemented,modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore,this License Agreement may not be supplemented,modified or otherwise revised by email exchange,even if the email contains a printed name or signature line bearing signature-like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties,provided such signatures include digital certifications or are otherwise authenticated. 6.2 In the event of a breach of this License Agreement by you,any Eligible User or someone using the Pictometry Credential of an Eligible User,Pictometry may temporarily suspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Pictometry. Notices shall be deemed to have been properly given on the date deposited in the mail,if mailed;on the date first made available,if displayed in the Online Services;or on the date received,if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry,Attn:General Counsel,25 Methodist Hill Drive,Rochester,New York 14623. 6.4 The failure of you,Pictometry,or any third party supplier of the Online Services or any Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior written consent of Pictometry. Any attempt by you or any Eligible User to assign,transfer or delegate your rights or obligations under this License Agreement without Pictometry's consent shall be void,and shall also void the limited license granted to you by this License Agreement. This License Agreement and any amendment thereto shall be binding on,and will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York,excluding its conflicts of law principles. Unless you are a government entity,in the event that any legal proceedings are commenced with respect to any matter arising under this License Agreement, the parties specifically consent and agree that the courts of the State of New York or,in the alternative,the Federal Courts located in the State of New York 66 shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings,and that the venue of any such action shall be in Monroe County,New York or the U.S.District Court for the Western District of New York,as applicable. 6.7 This License Agreement will be enforced to the fullest extent permitted by applicable law.If any provision of this License Agreement is held to be invalid or unenforceable to any extent,then(a)such provision will be interpreted,construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and(b)such invalidity or unenforceability will not affect any other provision of this License Agreement. 6.8 Where applicable,each affiliated company of Pictometry and each third party supplier of the Online Services or any Licensed Content has the right to assert and enforce the provisions of this License Agreement directly on its own behalf as a third party beneficiary. 6.9 In the event of a breach of your obligations under this License Agreement or your payment obligations with respect to access to the Online Services or the Licensed Content,you agree to pay all of Pictometry's costs of enforcement and collection,including court costs and reasonable attorneys'fees. 6.10 This License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications,representations,proposals or quotations relating to that subject matter. [END OF ONLINE SERVICES GENERAL TERMS AND CONDITIONS] • • • • 67 SECTION B LICENSE TERMS PICTOMETRY SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT("LICENSE")CAREFULLY BEFORE DOWNLOADING,INSTALLING OR USING THE SOFTWARE. BY USING THE SOFTWARE,YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,DO NOT DOWNLOAD,INSTALL OR USE THE SOFTWARE. I. GENERAL. The software("Pictometry Software")and any written materials that accompany the software("Documentation")in any media or form are licensed, not sold,to you by Pictometry International Corp.("Pictometry")for use only under the terms of this License.Pictometry reserves all rights not expressly granted to you in this License. 2. LICENSE. Subject to the terms and conditions of this License,you are granted a limited,non-transferable,terminable,non-sublicenseable,non-exclusive license to install and use the Pictometry Software and the Documentation(collectively,the"Proprietary Materials")solely for internal use. Use of the functionality provided by the Pictometry Software other than for your intemal use is prohibited,except with the prior written approval of Pictometry. You may make one copy of the Pictometry Software in machine-readable form for backup purposes only;provided that the backup copy must include all copyright and other proprietary notices contained in the original.You will not and will not enable others to decompile,reverse engineer,disassemble,attempt to derive the source code of, decrypt,modify,create derivative works of,or tamper with or disable any security or monitoring features within the Pictometry Software. Any attempt to do so is a violation of the rights of Pictometry and its licensors. 3. TITLE. The Proprietary Materials are confidential information of,trade secrets of,and are proprietary to Pictometry.Title to the Proprietary Materials is and will remain in Pictometry and its licensors.All applicable rights to patents,copyrights,trademarks,trade secrets,and other intellectual property rights in the Proprietary Materials are and will remain in Pictometry and its licensors.You will not assert any right,title or interest in the Proprietary Materials provided to you under this License,except for the express license granted to you hereunder.You will not remove any copyright or other proprietary notice or legend contained on or included in any Proprietary Materials and you will reproduce all such information on all copies made hereunder.You will keep the Proprietary Materials free of all claims,liens and encumbrances. 4. DISCLAIMERS OF WARRANTY. USE OF THE PICTOMETRY SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE PICTOMETRY SOFTWARE IS PROVIDED"AS IS",WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PICTOMETRY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE,WHETHER EXPRESS, IMPLIED OR STATUTORY,INCLUDING,BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. PICTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY SOFTWARE WILL MEET YOUR REQUIREMENTS,THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE,OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED. 5. LIMITATION OF LIABILITY. IN NO EVENT WILL PICTOMETRY BE LIABLE FOR ANY INCIDENTAL,SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,INCLUDING,WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS,LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PICTOMETRY SOFTWARE,HOWEVER CAUSED,REGARDLESS OF THE THEORY OF LIABILITY(CONTRACT,TORT OR OTHERWISE),EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL PICTOMETRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY)CAUSED BY,ARISING OUT OF OR IN ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED THE AMOUNT OF FIFTY DOLLARS($50.00).THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6. . TERMINATION. This License will terminate automatically without notice from Pictometry if you fail to comply with any term of this License. Upon the termination of this License,you will cease all use of the Pictometry Software and destroy all copies,full or partial,of the Proprietary Materials. 7. MISCELLANEOUS PROVISIONS. A. Restricted Rights. Pictometry Software acquired with United States Government funds or intended for use within or for any United States federal agency is provided with"Restricted Rights"as defined in DFARS 252.227-7013,Rights in Technical Data and Computer Software and FAR 52.227-14,Rights in Data-General,including Alternate III,as applicable.Pictometry must be notified in advance of any license grants to United States federal governmental entities.The Pictometry Software is developed for general use in a variety of applications and is not developed or intended for use in any inherently dangerous applications or applications that could lead to property damage,personal injury or death.If you use the Pictometry Software in such applications, then you will be responsible for taking all appropriate fail-safe,backup,redundancy,and other measures to ensure the safe use of the Pictometry Software in such applications,including but not limited to,in any nuclear,aviation,mass transit,public safety or medical applications. B. Foreign Trade Restrictions. The parties acknowledge that certain information,software technology,accompanying documentation and technical information may be subject to United States export control laws.You will not directly or indirectly export or re-export the Pictometry Software in violation of the Export Administration Regulations of the U.S.Department of Commerce. C. Governing Law. This License will be governed by and interpreted in accordance with the laws of the State of New York,excluding its conflict of laws principles. D. Assignment. You may not assign this License without Pictometry's prior written consent.Any assignment in violation of this License will be null,void and of no force and effect. For all purposes under this License,any merger,consolidation,spin-off,acquisition or change-in-control will be deemed an assignment. E. Partial Invalidity;Survival. If any provision of this License is held invalid or unenforceable by competent authority,that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it will then appear. The total invalidity or unenforceability of any particular provision of this License will not affect its other provisions and this License will be construed in all respects as if the invalid or unenforceable provision were omitted.The provisions of this License that by their nature would survive its termination will survive indefinitely. 68 F. Force Majeure. Neither party will be liable for any costs or damages due to nonperformance under this License arising out of any cause not within the reasonable control of such party and without its fault or negligence.Neither party will be liable for any delay or failure in the performance of its obligations under this License that directly results from any failure of the other party to perform its obligations as set forth in this License. G. Waiver. No waiver of a breach of any term of this License will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this License.No failure on the part of a party to exercise,and no delay in exercising any of its rights hereunder will operate as a waiver thereof,nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right.No course of dealing between the parties will be deemed effective to modify,amend or discharge any part of this License or the rights or obligations of any party hereunder. H. Entire Agreement;Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings regarding that subject matter.No amendment to or modification of this License will be binding unless in writing and signed by Pictometry.There are no representations,warranties,or obligations of any party not expressly contained herein. The headings in this License are for convenience only.They do not constitute a portion of this License and will not be used in any construction of it. [END OF SOFTWARE LICENSE AGREEMENT] 69 SECTION C NON-STANDARD TERMS AND CONDITIONS 1. Online Services Eligible Users: Notwithstanding anything in the Online Services General Terms and Conditions incorporated in this Agreement to the contrary,the terms 'Eligible User'and'Eligible Users'as defined in those Online Services General Terms and Conditions shall,for the purposes of this Agreement,also include each'Authorized User'as that term is defined in the Delivered Content Terms and Conditions of Use incorporated in this Agreement. 2. Applicable Law: Notwithstanding anything to the contrary set forth elsewhere in this Agreement,this Agreement and any modifications,amendments or alterations shall be interpreted,construed and enforced in all respects in accordance with the laws of the State of Florida,excluding its conflicts of law principles. 3. Venue:Venue for all actions arising under this Agreement shall lie in Indian River County,Florida. 4. Non-Appropriation:Notwithstanding anything in this Agreement to the contrary,in the event that the funds due for all subsequent projects after the First Project under the terms and conditions of this Agreement are not lawfully appropriated,the following provisions shall apply: a.Customer will provide Pictometry with written documentation of non-appropriation of funds from its funding source prior to commencement of a subsequent project; b.This Agreement shall remain in full force and effect,however commencement of the subsequent project will be deemed postponed until such time as funds for the subsequent project have been appropriated and all other sums due under the terms and conditions of this Agreement have been paid by Customer. In the event that the postponement exceeds eighteen months,Pictometry reserves the right to terminate any and all obligations with respect to the postponed project and all subsequent projects included in this Agreement; and c.If Customer,or any party authorized under the terms and conditions of this Agreement to use the licensed products set forth in Section A,is in possession of licensed products for which Pictometry has not been fully compensated in accordance with the payment terms of this Agreement,Customer or such authorized party must immediately cease use of those licensed products,purge those licensed products from all Customer and authorized party computers,and return those licensed products to Pictometry. 5.Early Access:With respect to the Pictometry Early Access product("Early Access")as described in Section A,Customer understands that this product cannot be utilized by Customer unless they have a valid Pictometry Connect account which must be purchased separate from this Agreement. 6.Ownership:Notwithstanding anything in this Agreement to the contrary,Indian River County shall own the copy of the 3in Area Wide Mosaic(Product Name"Mosaic—Area Wide")(hereinafter"Area Wide Mosaic") that is delivered in MrSID image format to Indian River County pursuant to this Agreement. As such Indian River County is free to use,reproduce and redistribute copies of the Area Wide Mosaic in any manner without any accounting to Pictometry. Pictometry shall own a copy of the Area Wide Mosaic delivered pursuant to this Agreement that are in Pictometry's possession. As such Pictometry is free to use,reproduce and redistribute copies of the Area Wide Mosaic in any manner without any accounting to Indian River County. 7. Public Records:Any limitation under this Agreement on the disclosure of public records,as defined by section 119.011,Florida Statutes,shall be to the extent permitted by the Florida Public Records Law,Chapter 119,Florida Statutes. 8.The Imagery-Neighborhood 3in product is listed"per sector"and not"per square mile;"however,Pictometry will capture the area depicted in the Map,which Map indicates the measurement of square miles and was created using the shapefile provided to Pictometry by Customer. 9. Notwithstanding anything in this Agreement to the contrary,the area to be captured by this agreement is 355 square miles. The project limits of this agreement and specific area to be flown is defined by the Map on Page 18 of this agreement and by the digital map file"FLINDI_Grid.shp". [END OF NON-STANDARD TERMS AND CONDITIONS] 70 MAP(S) • F TM Indian Ri eir Quinti)i( eagIeview- . :, , - ., , , ., `:. •4I— Ii -1' 41 H ; - I . I •,,c„,t �.6 --- 1 . , ii I II • 1 :ti, a • u ,. -- - - , :.,\ I i i ,� \--1.,, rOkeechobee ,.$4.Lu'c{e �� j • N \ ---..— • .4-1.---1--:-1----I I tt:nLz F FL Indian River3in'Standard;OeliveryArea.-355 Sq Miles I '. I III I V -II1 i I • • • • Page 18 of 18 Indian River County,FL—C12535204 2019-10-08 DD-007ir20160318 AC�® DATE(MM/DD/YYYY) 44......---- CERTIFICATE OF LIABILITY INSURANCE 6/20/2020 10/14/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers,LLC CONTACT NAME: CA License#0F15767 PHONE FAX (AIC.No.ExtI: (AIC,No): Three Embarcadero Center,Suite 600 E-MAIL San Francisco CA 94111 ADDRESS: (415)568-4000 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance Co of Hartford 20478 INSURED Eag]eView Technology Corporation INSURER B:The Continental Insurance Company 35289 1364617 Eagle View Technologies,Inc. INSURER C:Columbia Casualty Company 31127 Pictometry International Corp. INSURER D:Valley Forge Insurance Company 20508 25 Methodist Hill Drive Rochester NY 14623 INSURER E INSURER F: COVERAGES PICTO-1 CERTIFICATE NUMBER: 12249244 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IYLIMITS (MMIDDIYYYY) (MMIDDYYY) A X COMMERCIAL GENERAL LIABILITY Y N 6078602551 6/20/2019 6/20/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ D AUTOMOBILE LIABILITY Y N 6078602548 6/20/2019 6/20/2020 COMBINED NGLE LIMIT $ (Ea accident)SI1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED AUTOS ONLY X AUTOS SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY (Per accident) Comp./Coll.Ded $ 1,000 B X UMBRELLA LIAB X OCCUR Y N 6078602565 6/20/2019 6/20/2020 EACH OCCURRENCE $ 20,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 20,000,000 DED RETENTION$ $ XXXXXXX B N WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY 6078602520(AOS) 6/20/2019 6/20/2020 X STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN NIA 6078602534 CA) 6/20/2019 6/20/2020 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C E&O/Prof Liab/Cyber N N 596672378(E&O/Cyber) 6/20/2019 6/20/2020 $10,000,000 ea claim/agg $100,000 retention Retro Date 5/7/2007 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERMS)REFERENCED. Re:Indian River County,Florida is named as additional insured on the General Liability,Automobile liability and Umbrella Liability coverages. CERTIFICATE HOLDER CANCELLATION See Attachment 12249244 Indian River County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1800 27th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Vero Beach FL 32960 AUTHORIZED REPR E ATIVE 14114.S \iliklitZsici . ©1988-2015 ACORD CORPORATI . All 72bts reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA Business Auto Policy Policy Endorsement EXTENDED COVERAGE ENDORSEMENT o BA PLUS THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.LIABILTY COVERAGE A.Who Is An Insured The following is added to SECTION II,Paragraph A.1.,Who Is An Insured: 1.a.Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b.The insurance afforded by this provision A.1.does not apply to any such entity that is an insured under any other liability policy providing auto coverage. 2.Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1)Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (0)Any such organization that is an insured under any other liability policy providing auto coverage. 3.Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4.An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. Policy, as used in this provision A.Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B.Bail Bonds and Loss of Earnings SECTION II,Paragraphs A.2.a.(2)and A.2.a.(4)are revised as follows: 1. In a.(2),the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4),the limit for the loss of earnings is increased from $250 to $500 a day. C.Fellow Employee SECTION II,Paragraph B.5 does not apply. Form No: SCA 23 500 D(10-2011) Policy No: 6078602548 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 6/20/2019 Endorsement No: 23; Page: 1 of 5 Policy Page: 83 of 91 Underwriting Company:Valley Forge Insurance Company, 151 N Franklin St,Chicago,IL 60606 73 ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc.,used with its permission. C/ v , Business Auto Policy u Policy.Endorsement Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II.PHYSICAL DAMAGE COVERAGE A.Towing SECTION III.Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B.Glass Breakage-Hitting A Bird Or Animal-Falling Objects Or Missiles The following is added to SECTION III,Paragraph A.3.: With respect to any covered auto,any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C.Transportation Expenses SECTION III,Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of$20; subject to b. $1,800 maximum, in lieu of$600. D.Loss of Use Expenses SECTION III,Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of$600. E.Personal Property The following is added to SECTION III,Paragraph A.4. c.We will pay up to $500 for loss to Personal Property which is: (1) Owned by an insured;and (2) In or on the covered auto. This coverage applies only in the event of a total theft of your covered auto. This insurance is excess over any other collectible insurance and no deductible applies. F.Rental Reimbursement The following is added to SECTION III,Paragraph A.4.: d.We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage. 1.We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a)The number of days reasonably required to repair or replace the covered auto; or, (b) 15 days. 2.Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of$375. Form No: SCA 23 500 D(10-2011) Policy No: 6078602548 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 6/20/2019 Endorsement No: 23; Page: 2 of 5 Policy Page: 84 of 91 Underwriting Company:Valley Forge Insurance Company, 151 N Franklin St,Chicago,IL 60606 74 ®Copyright CNA All Rights Reserved.Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CLQBusiness Auto Policy CMA Policy Endorsement 3. This coverage does not apply while there are spare or reserve autos available to you for your operations. 4. If loss results from the total theft of a covered auto of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to SECTION III.Paragraph A.: 5. Hired Autos If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or$75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1)will be subject to a limit of$750 per accident. H. Airbag Coverage The following is added to SECTION III,Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I.Electronic Equipment SECTION III,Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. 7.Diminution In Value The following is added to SECTION III,Paragraph B.6. Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and Form No:SCA 23 500 D(10-2011) Policy No:6078602548 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:6/20/2019 Endorsement No:23;Page:3 of 5 Policy Page:85 of 91 Underwriting Company:Valley Forge Insurance Company, 151 N Franklin St,Chicago,IL 60606 75 ®Copyright CNA All Rights Reserved.Includes copyrighted material of the Insurance Services Office,Inc.,used with its permission. CMA Business Auto Policy Policy Endorsement b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV) III.Drive Other Car Coverage—Executive Officers The following is added to SECTIONS II and III: 1.Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your executive officers, except: a. An auto owned by that executive officer or a member of that person's household; or b. An auto used by that executive officer while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such executive officers are insureds while using a covered auto described in this provision. IV.BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident,Claim,Suit Or Loss The following is added to SECTION IV,Paragraph A.2.a. (4)Your employees may know of an accident or loss.This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to SECTION IV,Paragraph A.2.b. (6)Your employees may know of documents received concerning a claim or suit.This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment,Misrepresentation or Fraud The following is added to SECTION IV,Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period,Coverage Territory SECTION IV,Paragraphs 7.(5).(a). is revised to provide: Form No:SCA 23 500 D(10-2011) Policy No:6078602548 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:6/20/2019 Endorsement No:23;Page:4 of 5 Policy Page:86 of 91 Underwriting Company:Valley Forge Insurance Company, 151 N Franklin St,Chicago,IL 60606 76 ®Copyright CNA All Rights Reserved.Includes copyrighted material of the Insurance Services Office,Inc.,used with its permission. CMA Business Auto Policy Policy Endorsement a. 45 days of coverage in lieu of 30 days V. DEFINITIONS SECTION V. Paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these Form No: SCA 23 500 D (10-2011) Policy No: 6078602548 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 6/20/2019 Endorsement No: 23; Page: 5 of 5 Policy Page: 87 of 91 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 77 ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, Assistant Public Works Director SUBJECT: FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature for 43rd Avenue Sidewalk Improvements from Airport Drive West to 41St Street (IRC-1503) FM No. 440019-1-58-01 DATE: October 10, 2019 DESCRIPTION AND CONDITIONS Indian River County has been awarded a$432,783.00 Florida Department of Transportation(FDOT) Local Agency Program (LAP)Grant for the construction of an 8-foot wide concrete sidewalk along the east side of 43rd Avenue from Airport Drive West to 41st Street. The sidewalk improvements will be approximately 0.85 miles in length.The work will also include erosion control,maintenance of traffic, ditch grading, minor drainage piping with drainage structures, signing and pavement markings. This project is scheduled to be advertised January 2020 must be completed by December 31, 2021. The FDOT has requested Indian River County execute and deliver to the FDOT the attached Agreement as well as a Resolution authorizing the Board of County Commissioners to execute this Local Agency Program Agreement. FUNDING The federal funds appropriated for this FDOT LAP grant are in the amount of$432,783.00. The Engineering Division estimates the total cost for the construction to be approximately$487,176.00. Funding is budgeted and available from Secondary Roads Account No. 10921441-066510-18026, 43rd Avenue Sidewalk (Airport Drive — 41st Street). Funds in the amount of $54,393.00 will be required above the maximum amount provided by the FDOT LAP grant to fund the difference. 78 Page Two FDOT LAP Agreement&Resolution for 43rd Ave Sidewalk(Airport Drive—41st Street) For October 22,2019 Agenda RECOMMENDATION Staff recommends approval of the Local Agency Program(LAP)Agreement FM No.440019-1-58-01 and recommends adopting the Resolution and authorizing the Chairman to sign the Agreement. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. IRC Grant Form 2. Authorizing Resolution 3. FDOT Local Agency Program (LAP)Agreement No. 440019-1-58-01 APPROVED AGENDA ITEM FOR OCTOBER 22, 2019 79 GRANT NAME: FDOT LAP 43rd Ave Sidewalk(Airport Dr to 41St Street GRANT# 440019-1-58-01 AMOUNT OF GRANT: $432,783.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W.Ennis,P.E.,PMP,Asst.PW Director TELEPHONE: (772)226-1221 1. How long is the grant for? Until December 31,2021 Starting Date: Letting Date 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes,does the grant allow the match to be In-Kind services? Yes X No 4. Percentage of match to grant 11.165% 5. Grant match amount required $54,393 6. Where are the matching funds coming from(i.e.In-Kind Services;Reserve for Contingency)? Secondary Roads,Account No. 10921441-066510-18026,43rd Ave(Airport—41"St) 7. Does the grant cover capital costs or start-up costs? Yes X No If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 54,393 (10 111111.111111111 Grant Amount Other Match Costs Not Covered Match Total First Year $432,783.00 $ $ 54,393.00 $487,176.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 80 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF AN 8-FOOT WIDE CONCRETE SIDEWALK ALONG THE EAST SIDE OF 43RD AVENUE FROM AIRPORT DRIVE WEST TO 41ST STREET. WHEREAS, the construction of a sidewalk, approximately 0.85 miles in length, including erosion control, maintenance of traffic, ditch grading, minor drainage piping with drainage structures, signing and pavement markings along the east side of 43rd Avenue from Airport Drive West to 41' Street is an Indian River County priority project;and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for construction of a sidewalk, erosion control, maintenance of traffic, ditch grading, minor drainage piping with drainage structures, signing and pavement markings along the east side of 43rd Avenue from Airport Drive West to 41St Street under the Local Agency Program (LAP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice-Chairman Susan Adams Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of , 2019. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney 81 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGEME 40 NT LOCAL AGENCY PROGRAM AGREEMENT PROGRAM C100C-121 8 Page 1 of 15 FPN: 440019-1-58-01 FPN: FPN: Federal No(FAIN): D419-025-B Federal No(FAIN):. _ Federal No(FAIN): Federal Award Date: Federal Award Date: Federal Award Date: Fund: SL.TALL,TALT _ _ _ Fund: Fund: Org Code: 55043010404 Org Code: Org Code: FLAIR Approp: FLAIR Approp: FLAIR Approp: FLAIR Obj: FLAIR Obj: FLAIR Obj: County No:88 Contract No: Recipient Vendor No: F596000673026 Recipient DUNS No: 079208989 Catalog of Federal Domestic Assistance(CFDA): 20.205 Highway Planning and Construction THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement"), is entered into on , by and between the State of Florida Department of Transportation, an agency (This date to be entered by DOT only) of the State of Florida("Department"),and Indian River County("Recipient"). NOW,THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project,the Parties agree to the following: 1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida Statutes. The Recipient by Resolution or other form of official authorization, a copyof which is attached as Exhibit"D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Departments participation in Construction of a .85 mile long 8' wide sidewalk on the East side of 43rd Avenue from Airport Dr.West to 41st St., as further described in Exhibit"A", Project Description and Responsibilities attached to and incorporated in this Agreement("Project"), to.provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of Agreement: The Recipient agrees to complete the Project on or before December 31. 2021. If the Recipient does not complete the.Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the term of this Agreement will not be reimbursed by the Department. 4. Project Cost: a. The estimated cost of the Project is$487.176.00. This amount is based upon the Schedule of Financial Assistance in Exhibit"B", attached to and incorporated in this Agreement. Exhibit"B"may be modified by mutual execution of an amendment as provided for in paragraph 5.i. b. The Department agrees to participate in the Project cost up to the maximum amount of$432,783.00 and as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. The Department's participation may be increased or reduced upon determination of the actual bid amounts of the Project by the mutual execution of an amendment. The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in connection with the completion of the Project. c. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: 82 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525E ENT PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGCIooc-12/1a Page 2 of 15 i. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Availability of funds as stated in paragraphs 5.1. and 5.m.of this Agreement; iii. Approval of all plans,specifications, contracts or other obligating documents and all other terms of this Agreement; and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available. 5. Requisitions and Payments a. The Recipient shall provide quantifiable, measurable,and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable,measurable,and verifiable units of deliverables are described more fully in Exhibit"A". b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based on the quantifiable, measurable and verifiable units.of deliverables as established in Exhibit"A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs invoiced shall be supported by properly executed payrolls,time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are.authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "H", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected,which correction shall be made within a time-frame to be specified by the Department.The Recipient shall,within thirty(30)days after notice from the Department, provide the Department with a corrective action plan describing how the Recipieht will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the 83 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525EMEN0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC/00C-12118 Page 3 of 15 Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved,the Recipient may bill the Department for the unpaid reimbursement request(s)during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516. h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the Project,and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of-a Local Agency Program ("LAP") Supplemental Agreement between the Department and the Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon determination of the Recipient's contract award amount. j. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. I. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing,when funds are available. m. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year,the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: 84 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION T PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT 0G0/00C—12/18 Page 4 of 15 "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than 1 year." 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been advised by the Department that same are approved; d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the Department's issuance of a Notice to Proceed ("NTP"),costs incurred after the expiration of the Agreement,costs which are not provided for in the latest approved schedule of funding in Exhibit"B"for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7. General Requirements: The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with theprovisions in this Agreement,and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual(FDOT Topic No.525-010-300),which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement. a. A full time employee of the Recipient,qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions: i. Administers inherently governmental project activities, including those dealing with cost,time, 85 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ENT PROGRAM MANAGEMAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/0OC-1218 Page 5 of 16 adherence to contract requirements, construction quality and scope of Federal-aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements;. iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and complexity of the Project; v. Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; vi. Directs.Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation;. vii. Is aware of the qualifications, assignments and on-the-job performance of the Recipient and consultant staff at all stages of the Project. b. Once the Department issues the NTP for the Project,the Recipient shall be obligated to submit an invoice or other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the FHWA removing any unbilled funding or the loss of state appropriation authority (which may include the loss of state and federal funds,if there are state funds programmed to the Project),then the Recipient will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Recipient waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of state appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred under this Agreement until after the Recipient has received a written NTP from the Department, The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, the Department District LAP Administrator should be notified as soon as possible. c. If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will have to request repayment for the previously billed amounts from the Recipient. No state funds can be used on off-system projects, unless authorized pursuant to Exhibit"1", State Funds Addendum,which will be attached to and incorporated in this Agreement in the event state funds are used on the Project. d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Recipient to enter into this Agreement or to undertake the Project or to observe,assume or carry out any of the provisions of the Agreement, the Recipient will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Recipient to provide the necessary funds for completion of the Project. f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such submissions using Department-designated information systems. g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state laws, the regulations in 23 Code of Federal:Regulations(C.F.R.)and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part thereof involving such cost(23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount 86 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT525 OCAL AGENCY PROGRAM AGREEMENT 00C-112/8 Page 6 of 16 claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90 days of written notice. h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis,from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24,Appendix B, and be submitted to the Department no later than October 15 of each year. 8. Audit Reports: The administration of resources awarded through theDepartment to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authorityof any state agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —Audit Requirements, monitoring procedures may include, but not be limited to,on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to federal awards provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer("CFO"),or State of Florida Auditor General. b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements: i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F—Audit Requirements, the Recipient must have a.federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "E" to this Agreement provides the required federal award identification t cation information needed by the Recipient to further comply with the requirements of 2 CFR Part 200, Subpart F—Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must consider all sources of federal awards based on when the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement.The determination of amounts of federal awardsexpended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F— Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F—Audit Requirements,will meet the requirements of this part. ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements. 87 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-12/18 Page 7 of 15 iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F—Audit Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit{cdot.state.fl.us no later than nine months after the end of the Recipient's audit period.for each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F—Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than federal entities). iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at https://harvester.census.00v/facweb/the audit reporting package as required by 2 CFR Part 200, Subpart F- Audit Requirements,within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F-Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a.dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F—Audit Requirements. v. Within six months of acceptance of the audit report by the FAC,the Department will review the Recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F —Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations(or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings,appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingieAudit(c�dot.state.fl.us c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee,the CFO, or State of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 9. Termination or Suspension of Project: 88 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGCI00C-12/18 Page 8 of 15 The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipients failure to comply with applicable law or the terms of this Agreement . _ P Y PP until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such termination in writing at least thirty(30) days prior to the termination of the Agreement,with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of- way will become the property of the Department and will be turned over promptly by the Recipient. d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to comply with the Public Records provisions of Chapter 119, Florida Statutes. 10. Contracts of the Recipient: • a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department,the Recipient will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act. c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the FHWA-1273 form as set forth in Exhibit"G", FHWA 1273 attached to and incorporated in this Agreement. • The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. 89 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGEME-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT occrooc-12/1a Page 9 of 15 The Recipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 12. Compliance with Conditions and Laws: The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions," in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable. 13. Performance Evaluations: Recipients are evaluated on a project-b - roject basis. The evaluations provide information about oversight ght needs and provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than 30 days after final acceptance. Y P a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Recipient failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations,standards and procedures,with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures,and the Department did not have to exceed the minimum oversight and monitoring requirements identified for the project. b. The District will determine which functions can be further delegated to Recipients that continuously earn Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls,and Labor Provisions: During the performance of this Agreement,the Recipient agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964,the regulations of the U.S.Department of Transportation issued thereunder,and the assurance by the Recipient pursuant thereto. The Recipient shall include the attached Exhibit"C",Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with Title VI of the Civil Rights Act of 1964,49 C.F.R. Part 21, and related statutes and regulations. b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal Government issued thereunder, and assurance by the Recipient pursuant thereto. c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 90 } • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGEMENT PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGD/00C-12/18 Page 10 of 15 d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List,kept by the Florida Department of Management Services; may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Recipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the Department,may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Recipient or the locality relating to such contract,subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect,in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 15. Indemnification and insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify,defend,and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient,or anyof its officers,agents, or employees, within the 9acting scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunitybeyond the limits set forth in Florida Statutes, Section 7 8 Y6 .28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties, Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as"Entity"for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the 91 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGCIOOc-12/18 Page 11 of 15 [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall, or cause its contractor or consultant to carry and keep in force,during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida,affording public liability insurance with combined bodily injury limits of at least$200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor orconsultant to carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers'Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 16. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ® shall ❑ shall not maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit"D".This provision will survive termination of this Agreement. 17. Miscellaneous Provisions: a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits. The Recipient shall include in all contracts and subcontracts for amounts in excess of$150,000,a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 92 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-42 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT occi00a1via Page 12 of 15 c. In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making of such payment by the Department,while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law,the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Recipient a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Recipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. i. The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Recipient's facility, adequate title is in the Recipient's name, and the Project is accepted by the Recipient as suitable for the intended purpose. j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Recipient, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Recipient to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Recipient shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature,the judicial branch or a state agency. k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project. 93 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGOIOOC-12/18 Page 13 of 15 1. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, P 9 procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. m. The Recipient shall: i. utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the term of the contract; and ii. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s20.055(5), Florida Statutes. p. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 18. Exhibits: a. Exhibits"A", "B", "C", "D", "E"and "F" are attached to and incorporated into this Agreement. b. ® If this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is attached and incorporated into this Agreement. c. ❑Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit"H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. ❑ State funds are used on this Project. If state funds are used on this Project, then Exhibit "1", State Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial Assistance(Florida Single Audit Act), is attached and incorporated into this Agreement. e. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit"K", Advance Project Reimbursement is attached and incorporated into this Agreement. f. ❑ This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit"L", Landscape Maintenance, is attached and incorporated into this Agreement. g. ❑ This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit "1VI", Roadway Lighting Maintenance is attached and incorporated into this Agreement. h. ❑ This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems,Exhibit"N";Traffic Signal Maintenance is attached and incorporated into this Agreement. i. ❑A portion or all of the Project will utilize Department right-of-way and,therefore, Exhibit"0",Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement. - 94 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION525-010-40 PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC/OOC-17118 Page 14 of 15 J. ®The following Exhibit(s)are attached and incorporated into this Agreement:A,B.C,D,E,F and G k. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C:Title VI Assurances Exhibit D: Recipient Resolution Exhibit E: Federal Financial Assistance(Single Audit Act) Exhibit F: Contract Payment Requirements *Exhibit G: FHWA Form 1273 *Exhibit H:Alternative Advance Payment Financial Provisions *Exhibit I: State Funds Addendum *Exhibit J: State Financial Assistance(Florida Single Audit Act) *Exhibit K:Advance Project Reimbursement *Exhibit L: Landscape Maintenance *Exhibit M: Roadway Lighting Maintenance *Exhibit N:Traffic Signal Maintenance *Exhibit 0:Terms and Conditions of Construction in Department Right-of-Way *Additional Exhibit(s): Indicates that the Exhibit is only attached and Incorporated if applicable box is selected. 95 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGEMENTMENT PROGRAM MANAGE LOCAL AGENCY PROGRAM AGREEMENT OGC/OOO-12/18 Page 15 of IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. RECIPIENT Indian River County BCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Bob Solari Name: Steve C. Braun, P.E. Title: Chairman Title: Director of Transportation Development Dated: Legal Review: APPROVED TO AS FORM AND LEGAL SUFFICENCY By: William K. DeBraal Deputy County Attorney ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 96 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC-12/18 Pagel of 1 EXHIBIT"A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 440019-1-58-01 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and Indian River County(the Recipient). PROJECT LOCATION: ❑ The project is on the National Highway System. ❑The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS:0.847 Miles-MP 1.220 to MP 2.067 PROJECT DESCRIPTION: Construction of a .85 mile long 8'wide sidewalk on the East side of 43ra Ave. between Airport Dr. West and 41s St. The work will also include minor shoulder, ditch grading, minor drainage piping with drainage structures. Signing and pavement markings. SPECIAL CONSIDERATIONS BY RECIPIENT: • The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a)Study to be completed by .N/A b) Design to be completed by .N/A c) Right-of-Way requirements identified and provided to the Department by N/A. d) Right-of-Way to be certified prior to advertising for construction (All Phase 58 LAPS) . e) Construction contract to be let by 2/6/2020. f) Construction to be completed by 12/31/2021. If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: 97 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01(3-408 LOCAL AGENCY PROGRAM AGREEMENT PROGRAMMANGEM,ENT OGC-10118 Page 1 of 1 EXHIBIT"B" SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME&BILLING-ADDRESS: Indian River County FINANCIAL PROJECT NUMBER: 440019-1-58-01 1801 27th St.Vero Beach, Fl.32960 MAXIMUM PARTICIPATION (1) TOTAL PHASE OF WORK By Fiscal Year PROJECT FUNDS LOCAL FUNDS STATE FUNDS FEDERAL FUNDS Design-Phase 38 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Right-of-Way-Phase 48 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Prooram Name) $ $ _ $ $ Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Construction-Phase 58 FY: (Insert Program Name) $ $ $ $ FY: 2020 (Insert Program Name) $432,783.00 $ $ $432.783.00 FY: 2020 (Insert Program Name) $54,393.00 $54,393.00 $ $ Total Construction Cost $487.176.00 $54,393.00 $ 0.00 $432,783.00 Construction Engineering and Inspection(CEI)-Phase 68 FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total CEI Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 (Insert Phase), FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ FY: (Insert Program Name) $ $ $ $ Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00 TOTAL COST OF THE PROJECT $487,176.00 $54,393.00 $ 0.00 $432,783.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475,FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable,reasonable,and necessary as required by Section 216.3475,F.S.Documentation is on file evidencing the methodology used and the conclusions reached. Mya Williams District Grant Manager Name Signature Date 98 li STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-40C LOCAL AGENCY PROGRAM AGREEMENT ROGRAMMANAGEMENT OGC-10118 Rage 1 of 2 Exhibit"C" TITLE Vi ASSURANCES During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in interest(hereinafter collectively referred to as the"contractor")agrees as follows: (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2.) Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall not discriminate on the basis of race,color,national origin,or sex in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3.) Solicitations for Sub-contractors, including Procurements of Materials and.Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub-contract, including procurements of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color, national origin,or sex. (4.) information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration,Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration,Federal Transit Administration, Federal Aviation Administration,or 99 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.400 LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT OGC-10/1 B • Page 2 of 2 Federal Motor Carrier Safety Administration may determine to be appropriate,including,but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies,and/or b. cancellation,termination or suspension of the contract,in whole or in part. (6.) Incorporation of Provisions:The contractor shall include the provisions of paragraphs(1)through(7) • in every sub-contract,including procurements of materials and leases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal.Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however,that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964 (42 U.S.C.§2000d et seq., 78 stat.252), (prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23.U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on the basis of disability);and 49 CFR Part 27;The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq.),(prohibits discrimination on the basis of age);Airport and Airway improvement Act of 1982,(49 USC§471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national origin,or sex);The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and iiI of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C.§§12131 —12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination' against minority populations by discouraging programs, policies,and activities with disproportionately high and adverse human health or environmental effects on minorityand low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). 100 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40D LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC—10118 Page 1 of 1 EXHIBIT "D" RECIPIENT RESOLUTION The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. 101 v STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 10/1B Page 1 of 1 EXHIBIT"E" FEDERAL FINANCIAL ASSISTANCE(SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal-Aid Highway Program, Federal Lands Highway Program CFDA Program Site: https:llwww.cfda.oov/. Award Amount: $432,783.00 Awarding Agency: Florida Department of Transportation Award is for R&D: NO Indirect Cost Rate: N/A FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING: 2 CFR Part 200—Uniform Administrative.Requirements, Cost Principles&Audit Requirements for Federal Awards httb://www.ecfr.gov/ FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23—Highways, United States Code http:!/uscode.house.00v/browselprelim c{ ,.title23&edition=prelim Title 49—Transportation, United States Code http://uscode.house.bovlbrowse/i relim(c title49&edition=prelim Map-21 —Moving Ahead for Progress in the 21st Century, Public Law 112-141 htt p://www: A o. ovlfds s! k /FLAW-112 - ep V ub1141/ df/P q p e p �s LAW 112oub1141.pdf Federal Highway Administration—Florida Division http://www.fhwa.dot.cov/fIdiv/ Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System (FSRS) h ttns://www.fsrs.g ov/ 102 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40F LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 10/18 Page 1 011 EXHIBIT"F" CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category(salary,travel,expenses,etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee(e.g.,insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of.Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature(e.g., postage,copies,etc.)may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs:lf the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.mvfloridacfo.com/aadir/reference guide/. 103 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-40G LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGO-10/18 Page 1011. EXHIBIT"G" FHWA FORM 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC— COMPLIANCE WITH FHWA 1273. The FHWA-1273 version dated May 1,2012 is appended in its entirety to this Exhibit. FHWA- 1273 may also be referenced on the Department's website at the following URL address: http://ww .fhwa.dot.aov/programadmin/contracts!1273/1273.pdf Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA- 1273. • 104 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these Il. Nondiscrimination Required Contract Provisions may be sufficient grounds for Ill. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions • payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II, NONDISCRIMINATION A.Employment and Materials Preference for Appalachian. The provisions of this section related.to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material 1. GENERAL supply,engineering,or architectural service contracts. In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider.. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Titie 23 USC Section 140,the Rehabilitation Act of 1973.as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. • • referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractors own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative contract by.piecework,station work,or by subcontract. action standards for the contractors project activities under 105 1 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1830 are incorporated by reference in this notation:"An Equal Opportunity Employer."All such contract.in the execution of this contract,the contractor • advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of Its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "it is the policy of this Company to assure that applicants. are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer,recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the I job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such I must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. I 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be • and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not Indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will. all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractors procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractors EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees, such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. r implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: 4 other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are I 2 106 1 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractors work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions:If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. in the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth tohe collective col ective bar ainin agreement,the contractor will, . bargaining 9 (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard g to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; a provide exclusive referrals under the terms of a collective i bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify theclassification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of j 8. Reasonable Accommodation for Applicants I the last payroll period preceding the end of July. If on-the-job i Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor I11 107 I 3 t I will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employers payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractors control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other storage or dressing areas,parking lots,drinking fountains, laborers or mechanics,Including helpers,which is not listed in recreation or entertainment areas,transportation,and housing the wage determination and which is to be employed under the ' provided for employees. The contractor shall provide separate contract shall be classified in conformance with the wage or single-user restrooms and necessary dressing or sleeping determination.The contracting officer shall approve an areas to assure privacy between sexes. additional classification and wage rate and fringe benefits therefore only when the following criteria have been met IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate,Including any bona fide Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the other projects. wage rates contained in the wage determination. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every additional classification often than once a week,and without subsequent deduction or action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30 day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,Including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for t fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or • 4 108 t 1 t will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency: The payrolls submitted shall set out • accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(1),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for Its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each heler maintained by the contractor during the course of the work and p ,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that from thefdeductiull have been made either directly or each such worker,his or her correct classification,hourly rates indirectly efull wages earned,other thana of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- ( • 5 109 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required permitted to work at less than the predetermined rate for the records upon request or to make such records available may work performed unless they are employed pursuant to and be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall bepermitted to the contractor as to the entire work force under determination paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an for the classification perfrmng of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. c.Equal employment opportunity.The utilization of apprentices,trainees and joumeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 110 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract In an amount in excess of$100.000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be Inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work im excess of forty hours in such workweek unless such subcontractors to Include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of S10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out. of the labor staconcerning provisions tan af this Disputes shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract Such hourslauwithouttforth payment iparagraph the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set in (1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S. pCrienalty for 8 U.S.C.1 subcontracts.The prime contractor shall be responsible for Compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 111 7 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with Its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed try the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and • protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the i engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C.1020 reads as follows: contracting agency has assured that each subcontract is 8 112 'Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered iX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, includedthe requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by. submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering. into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: .debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.eols.00v/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result In denial of participation in this i t i 1 i 9 113 I i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension andtor debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(t)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred,' person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. 'First Tier Covered Transactions" refers to any covered transaction between a grantee or ..... subgrantee of Federal funds and a participant(such as the prime or general contract). 'Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" • Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating In covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year.period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered applicationtproposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(httos://www.epls.gov!),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the i I { 10 114 I department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Xl.CERTIFICATION REGARDING USE OF CONTRACT FUNDS.FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for Influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of • Congress in connection with the awarding of any Federal. contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress.or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 115 11 i ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor Indicating the unavailability of applicants. Such certificate shall be made a part of the contractors permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.20T(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 116 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Manny Cabo, Telecommunications Manager SUBJECT: Indian River County Courthouse Renovation Project-ACS Keycard Security/ Access Systems—Sole Source Provider Request DATE: October 14, 2019 BACKGROUND In October of 2017, Public Works completed a project to replace the failing key card access system at the Indian River County (IRC) Courthouse with a Lenel Access Control System (ACS) keycard security/access systems. Securitas ES Inc. was contracted by the County to replace the failing Courthouse access systems with the state of the art Lenel ACS keycard security/access system. The system was chosen due to compatibility with the access systems at other Courthouses that are used by the 19th Judicial Circuit. The new IRC Courthouse ACS security systems are currently supported and maintained by Securitas ES Inc. Due to the complex nature of licensed security/access systems, the Board declared Securitas ES as the sole source provider for Courthouse Security Access System maintenance and repairs. Martin County Board of County Commissioners also employs the same Lenel ACS systems. Securitas ES Inc. supports all of the Martin County Courthouse ACS systems. ANALYSIS The IRC Courthouse is currently undergoing a "Courthouse Renovation Project" involving construction of a new Courtroom (Courtroom # 8), and relocation of most business offices and personnel from the Courthouse second floor to the first floor, into the old Law Library area. It will be necessary for Securitas ES Inc., to expand the existing Lenel ACS keycard security/access system to accommodate the new Courtroom and business offices being constructed as part of the renovation project. Several of the system's components, including the ACS security system management & control cabinets, are custom fabrication items, and may take from 4 to 6 weeks to be fabricated and delivered to the IRC Courthouse, once the ACS project order is placed by Securitas ES Inc. Page 2 117 • Indian River County Courthouse Renovations Project October 22, 2019 BCC Meeting FUNDING Funding for the IRC Courthouse Lenel Access Control System for the Courthouse Renovation Project in the amount of $76,748.61 is available in Optional Sales Tax/Facilities Mgmt/Construction Acct#31522019-066510-12009. RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners, approve Securitas ES Inc., as the sole source provider for the installation and subsequent maintenance of the Lenel Access Control System for the Indian River County Courthouse. Staff further recommends the Board authorize the ACS work included in proposal 148795 associated with the Renovation Project in the amount of$76,748.61 to be completed by Securitas ES Inc. ATTACHMENT Securitas Courthouse Renovation Proposal 148795 APPROVED AGENDA ITEM FOR OCTOBER 22, 2019 118 Prepared For: COG 2 PLOROP Indian River County Court House Renovation - 10.10.2019 - 148795 Manny Cabo Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1318 mcabo@ircgov.com Prepared By: Securitas Electronic Security, Inc. 3800 Tabs Drive Uniontown, OH 44685 Phone : 1-855-331-0359 Miguel Casanova Senior Account Executive Regional Commercial 914-872-4470 miguel.casanova@securitases.com Project Site: Indian River County 2000 16th Ave Vero Beach, FL 32960 772-226-1318 ... SECURITAS Electronic Security I. The Equipment and Material: Securitas Electronic Security Inc. is pleased to provide you with pricing quotation for the attached list of equipment and services based on the terms and conditions stated herein. This quotation reflects Our best estimate based on information received from your organization. The determination of the exact requirements for this project is the responsibility of the purchasing agency.The assumptions used to prepare this offer are attached. II. Installation: The installation services included in this proposal are all encompassing and are sufficient for the complete installation as described on Schedules. Installation is to be done during normal business hours. Work shall begin and finish in one complete continuous effort. There is no planned phased delivery for this project. After hour access shall be provided if requested and coordinated in advance. Installation price is based on free air cabling and a construction environment composed of mainly lift out ceiling (l0ft max. height), and hollow walls. Specific exceptions to the required Installation above are as follows: Because permits and compliance fees vary considerably from area,they have been excluded from this proposal. Permits and compliance fees for this project will be billed under separate cover once the fees have been identified. Securitas Electronic Security Inc. Will secure the new Indian River County Courthouse Renovations Project. Access Control: Pt floor Seven door in total Five New doors in law library with the addition of one existing exit door. add door in Family Services Department new door strike new Cable programming Reader to be provided by IRC 2nd Floor Three doors in total two standard doors and associated hardware with One Delayed egress door with delayed egress panic hardware and in and out reader function. As per plans and specification. NOTE: This quote is based on all doors and frames being factory prepped or prepped by others to accommodate hardware Video Surveillance: Video Surveillance consist of the addition of Fourteen cameras Eight on the 1St floor=(6 in the law library and the addition of the Felony Hall and Loading Doc Hall) Six on the 2nd Floor As per plans and specification. All cameras will be connected to existing switches if additional switches are necessary we will quote separately Note: some of the door hard ware was changed as per IRC personnel. SES is not responsible for the changes. SEC,I1RITAS Electronic Security Additional installation time required to complete the work beyond the quantities stated may be subject to charge if sufficient access cannot be reasonably coordinated, if phased delivery is required, or if work by others is not complete and causes unforeseen delays. III. Work by Others: The following work is the responsibilities of others and is required to be complete and in place before Diebold begins the installation: 1. Power 2. Conduit and stub ups 3. Network connections 4. IP Addresses 5. Core Drilling 6. Environmental 7. Fire Alarm Interface 8. Fire Stopping 9. Lift rental 10. Painting and patching IV. Training and Turn Over: The customer shall be available for training, turn over and acceptance immediately after the project is complete. Should there be any punch list items they shall be established at this time. V. Services: All services including monitoring, maintenance and enhanced managed services are to be provided as described in the attached Schedule of Services. SECURITAS Electronic Security PROPOSAL SCHEDULES Material Schedule 1st. Floor Manufacturer Qty Unit Price Total Price Securitas 1 $4,304.46 $4,304.46 Lenel 8 Door Prefab Kit Complete with Housings and Power Supply Avigilon 8 $710.88 $5,687.04 3.0 Megapixel WDR, LightCatcher, Day/Night, Indoor Dome, 3-9 SES 16 $2.04 $32.64 2ft CAT6 NON-BOOTED PATCH CABLE WHITE HID 6 $212.75 $1,276.50 (920PTNNAK00000) iCLASS SE RP40 Contactless Smart Card Reader,Wall Switch Kantech 7 $63.85 $446.95 T.Rex request to exit detector,w/tamper, piezo and timer,white. Interlogix 7 $17.74 $124.18 SENTROL 1 REC S-DR LEAD 1/2 DPDT WHT ADI 3 $17.10 $51.30 12V 7AH SLA BATTERY Montana 1500 $1.04 $1,560.00 Cable M -for card reader doors Security Lock Distributors 4 $386.87 $1,547.48 (HES-4500C 630)4500C ELECTRIC STRIKE KIT 12VAC/DC 24VAC/DC SELECTABLE FAIL SECURE/SAFE SELECTABLE SATIN STAINLESS STEEL Security Lock Distributors 3 $603.89 $1,811.67 (ML2057 CSA 626) ML2000 STOREROOM MORT LOCK SINGLE CYLINDER LATCH ONLY FIELD REVERSIBLE SATIN CHROME LEFT HAND Security Lock Distributors 2 $849.22 $1,698.44 (L9092PEU 06A RX) Door Mortise Lock, Keyed, Electrically Unlocking, C Keyway, 12/24 Volt DC, 2-1/2" Depth Lever, Request-To-Exit, Satin Chrome, With Cylinder, A Rose Trim, For Storeroom Security Lock Distributors 2 $357.11 $714.22 (EPT10)Von Duprin EPT Electric Power Transfer provides a means of transferring electrical power from a door frame to the edge of a swinging door. Group Subtotal: $19,254.88 2nd. Floor S.. E ' S GIIItITAS Electronic Security Manufacturer Qtv Unit Price Total Price. Securitas 1 $2,834.23 $2,834.23 Lenel 4 Door Prefab Kit Complete with Housings and Power Supply Avigilon 6 $710.88 $4,265.28 3.0 Megapixel WDR, LightCatcher, Day/Night, Indoor Dome, 3-9 SES 12 $2.04 $24.48 2ft CAT6 NON-BOOTED PATCH CABLE WHITE HID 4 $212.75 $851.00 (92OPTNNAK00000) iCLASS SE RP40 Contactless Smart Card Reader, Wall Switch Kantech 2 $63.85 $127.70 T.Rex request to exit detector,w/tamper, piezo and timer,white Interlogix 3 $17.74 $53.22 SENTROL 1 REC S-DR LEAD 1/2 DPDT WHT ADI 3 $17.10 $51.30 12V 7AH SLA BATTERY Montana 500 $1.04 $520.00 Cable M-for card reader doors Montana 500 $0.41 $205.00 8 Cond, shielded reader cable-Plenum Security Lock Distributors 3 $357.11 $1,071.33 (EPT10)Von Duprin EPT Electric Power Transfer provides a means of transferring electrical power from a door frame to the edge of a swinging door. Security Lock Distributors 2 $849.22 $1,698.44 (L9092PEU 06A RX) Door Mortise Lock, Keyed, Electrically Unlocking, C Keyway, 12/24 Volt DC, 2-1/2" Depth Lever, Request-To-Exit, Satin Chrome,With Cylinder,A Rose Trim, For Storeroom Security Lock Distributors 1 $2,263.69 $2,263.69 (CX-98-L-F-E996-06-FSE-SNBZ) ELEC DELAYED FIRE EXIT HARDWARE Security Lock Distributors 1 $16.23 $16.23 (425 32D) SEX BOLTS THREAD 10-24 PKG 2 THREAD SIZE 10-24 Security Lock Distributors 1 $810.88 $810.88 (E996L-06-RN US26D LHR)98/99 SERIES ELEC LEVER TRIM 24VDC FS/FSE FIELD SELECTABLE FOR RIMNERTICAL Group Subtotal: $14,792.78 Freight&Handling $1,361.91 OQO SECLIRITAS Electronic Security Material Schedule Subtotal: $35,409.57 Labor Schedule [Categories Hours Hourly Rate Extended Sell Project Management 40.0 $121.43 $4,857.14 I.T. 40.0 $128.57 $5,142.86 Pre-Fabrication 32.0 $60.00 $1,920.00 Engineering 8.0 $100.00 $800.00 CAD 24.0 $78.57 $1,885.71 Labor Schedule Subtotal: $14,605.71 Subcontracting &Cable Schedule [Categories Qty Unit Price install Labor $25,333.33 Additional Cables and Locks: (91-200182-0062)-Diebold-CAT 6, 23 GAUGE SOLID BARE 3500 FT $1,400.00 COPPER,4 TWISTED PAIR, Subcontracting &Cable Schedule Subtotal: $26,733.33 SECUKITAS Electronic Security PURCHASE INVESTMENT SUMMARY Total: $76,748.61 *Prices quoted do not include Sales or Use tax.Applicable Sales and Use tax will be added to the quoted prices. This proposal shall be governed by the terms and conditions of the existing agreement between the parties.Any additional or inconsistent terms or conditions contained in a Purchase Order or other document submitted by Buyer shall not be binding on either party. This proposal is valid for 90 days 104ii• SECURITAS Electronic Security Thank you for the opportunity to provide this proposal. Please sign, date and return the proposal in its entirety to eMail: miguel.casanova@securitases.com Please issue any Purchase Order or other contract documents to Securitas Electronic Security, Inc. This Agreement shall not become binding on Securitas Electronic Security, Inc. until approved and accepted by Securitas Electronic Security, Inc. management as provided below. Seller: Buyer: Securitas Electronic Security, Inc. Indian River County Company Trade, partnership or corporate name if different from above 1801 27th Street Vero Beach, FL 32960 Address Address Miguel Casanova, Senior Account Executive MannyCabo 9 Regional Commercial Account Representative Name&Title Name&Title Securitas ES Management Authorized Signature Date Securitas ES Management Signature Date Proposal 148795 10/10/2019 8 of 8 000 SECURITAS Electronic Security K , Indian River County, Florida Department of Utility Services Board Memorandum Date: October 10,2019 To: Jason E. Brown,County Administrator From: Vincent Burke, PE,Director of Utility Services Prepared By: Cindy Corrente, Utility Finance Manager Subject: Third Amendment to Elevated Water Tank Space License Agreement with Sprint Descriptions and Conditions: In August 2005,the Board of County Commissioners (BCC) entered into a lease agreement with Sprint's (Licensee) predecessor, Nextel Communications Inc. The agreement allowed the Licensee to install and operate a communications facility at the Indian River County Department of Utility Services' (IRCDUS) elevated tank, which is located at 4690 28th Court (Gifford Tank). On July 18, 2006, and again on November 12, 2013, the lease was amended to allow for installation of additional equipment on the tank. Presently,the annual lease fee is$51,099.36. Analysis: Recently, a representative for Sprint contacted staff to request permission to replace the fiber that serves their equipment at the site. Staff reviewed the engineeredplans and also had the.County's g Y contractor for tank maintenance review the plans to assure that this project would not interfere with the County's use of the site. Since no additional equipment is being installed, staff has not recommended increasing the lease fee. Funding: There is no cost to IRCDUS as a result of this lease amendment. However, IRCDUS will continue to receive revenues as a result of this lease agreement. The revenues will be recorded in the operating fund under the Radio Tower Rents account. The operating fund is used to cover daily expenses encountered while providing services to existing customers. Description _ Account Number Amount Radio Tower Rents 471038-362011 $51,099.36 127 • Recommendation: Staff recommends the approval of the Third Amendment to the Elevated Water Tank Space Agreement and requests that the Board of County Commissioners authorize the Chairman to execute said Third Amendment on their behalf. Attachment: 1. Third Amendment to Elevated Water Tank Space License Agreement 128 THIRD AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS THIRD AMENDMENT ("Third Amendment") is made and entered into as of the day of , 2019, to that certain Elevated Water Tank Space License Agreement, dated August 16, 2005, by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and Sprint Spectrum Realty Company L.P., a Delaware limited partnership as successor-in-interest to Nextel South Corp., a Georgia corporation whose address is 6391 Sprint Parkway, Overland Park, Kansas 66251-2650 (the"Licensee"). WHEREAS, on August 16,2005, Licensor and Licensee's predecessor in interest entered into an Elevated Water Tank Space License Agreement in which Licensor authorized certain use of the Land and Elevated Tank, as set forth more fully therein,which Agreement was amended by that certain First Amendment to Elevated Water Tank Space License Agreement, dated July 18, 2006 (the "First Amendment"), and by that certain Second Amendment to Elevated Water Tank Space License Agreement dated November 12,2013 (the"Second Amendment") collectively,the "Agreement" and WHEREAS, Licensor is the owner of a parcel of land (the "Land") and a steel elevated water storage tank (the "Elevated Tank") indentified as Gifford Water Tank, located at 4690 28th Court(north of 49th Street) in Indian River County, Florida, WHEREAS, Licensee desires to install additional Licensee Facilities ("Additional Equipment") on the Elevated Tank, which equipment is described more fully on Exhibit D-1 attached hereto ("Construction Drawings"); and WHEREAS, Licensor is willing to allow installation of the Additional Equipment, and related use of the Land and Elevated Tank,in accordance with the terms of this Third Amendment, NOW,THEREFORE,in consideration of the mutual undertakings herein,and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Additional Equipment. Licensee shall have the right to install the Additional Equipment on the Elevated Tank, subject to the remaining terms of the Agreement and this Third Amendment. Installation of the Additional Equipment shall be strictly in accordance with the plans previously submitted by Licensee and approved by Licensor's outside contractor("Plans"). No later than ninety(90)days after installation of the Additional Equipment,Licensee shall obtain, at Licensee's expense, an inspection conducted by Licensor's outside contractor of the Additional Equipment and the installation to confirm compliance with the Plans. Any material non- compliance with the Plans shall immediately be corrected. 129 3. Labeling of Equipment. In connection with the installation of the Additional Equipment, Licensee shall label all of its equipment, including coaxial cables, located or to be located on the Land or the Elevated Tank,so that Licensor and its contractors are able to distinguish Licensee's equipment from equipment owned by other licensees. This requirement shall apply to all equipment/cables, not just the Additional Equipment. 4. License Fee. License Fee shall not change as a result of this Amendment. Such fee shall be subject to all remaining terms and conditions of the Agreement, including, without limitation, the annual escalation clause set forth in section 6(b) of the Agreement. 5. Remaining Terms. Except as modified herein,all remaining terms and conditions of the Agreement shall remain in full force and effect. Capitalized terms not defined herein shall have the meaning set forth in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the day and year first above written. [SIGNATURE PAGE TO FOLLOW] 130 Licensee: SPRINT SPECTRUM REALTY COMPANY,L.P. A Delaware limited partnership By: Its: [Corporate Seal] By: Print name: As its: STATE OF ) COUNTY OF ) On , 2019, before me, a Notary Public, personally appeared , as of Sprint Spectrum Realty Company L. P., a Delaware limited partnership, who executed the foregoing instrument on behalf of said entity. Said person O is personally known to me,or O produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal] Notary Public, State of (Print name: ) Serial number: My commission expires: ATTEST: Jeffrey R. Smith,Clerk of Court, and Comptroller INDIAN RIVER COUNTY BOARD OF By: COUNTY COMMISSIONERS Deputy Clerk By: Bob Solari, Chairman Approved: Approved by BCC: ,2019 Approved as to form and legal sufficiency: Jason E.Brown,County Administrator Dylan Reingold,County Attorney 131 EXHIBIT D-1 Construction Drawings and Pictures [PAGES 1-10 TO FOLLOW] Construction Drawings and Pictures are on file in the Department of Utility Services' ti office. 132 Indian River County, Florida Department of Utility Services Board Memorandum Date: October 7,2019 To: Jason E. Brown,County Administrator From: Vincent Burke, PE,Director of Utility Services Prepared By: Terry Southard,Operations Manager Subject: Work Order No. 23 with Kimley-Horn for Bulk Caustic Tank Replacement at North (Hobart) County Reverse Osmosis Water Treatment Plant Descriptions and Conditions: Indian River County Department of Utility Services(IRCDUS)operates the North(Hobart)County RO Water Treatment Plant(WTP) located at 7751 58th Avenue in Vero Beach. Hobart was built in 1998 and expanded in 2007. As part of the 1998 plant construction, a 5,000-gallon caustic chemical tank was installed for daily water production. The typical service life for this type of a tank is 10 to 15 years.An inspection of the 21-year-old tank in August found the interior lining of the tank has failed;therefore,the tank needs to be replaced. Analysis: In August 2019,staff hired a company called Tank Engineering to inspect the interior of the existing caustic chemical tank. The inspection found the interior lining is failing, necessitating replacement of the tank. Kimley-Horn and Associates (KHA) submitted a proposal for professional engineering services to review the existing tank and the piping, and to provide options for replacement of the tank. As part of the proposal,they will also review caustic consumption and size the tank capacity accordingly. Per the Continuing Consulting Engineering Services Agreement for professional engineering services dated April 17, 2018, KHA submitted a proposal for design, bidding assistance and construction management services. KHA has submitted Work Order No. 23,which includes professional services for review, design, bidding and construction phase assistance to replace the existing caustic tank. The total negotiated cost for the professional services is a sum amount of$22,000.00. The engineer's estimated construction cost for these improvements covered in the Scope of Work for Work Order No. 23 is approximately$80,000.00. Funding: Funds for this project are available in the operating capital budget. Operating funds are generated from water and sewer revenues. Description Account Number Amount Other Equipment 471-166002 $22,000.00 133 . Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No.23 with Kimley-Horn, in the amount of$22,000.00,for professional services to include design, bidding and construction phase assistance to replace the existing caustic chemical tank at the North (Hobart) County Water Treatment Plant, and authorize the Chairman to execute said work order on their behalf. Attachment(s): 1.Work Order No.23: Bulk Caustic Tank Replacement(3 Pages) 134 CCNA2018 WORK ORDER 23 HOBART WATER PLANT BULK CAUSTIC TANK REPLACEMENT This Work Order Number 23 is entered into as of this_day of ,2019,pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Kimley-Horn and Associates, Inc. OF INDIAN RIVER COUNTY By: By: Brian Good, P.E. Bob Solari, Chairman Print Name: Title: Principal BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown,County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 135 EXHIBIT#1 Work Order Number 23 Bulk Caustic Tank Replacement At Hobart Water Treatment Plant PROJECT UNDERSTANDING The existing bulk caustic tank at the Hobart(North)Reverse Osmosis Water Treatment Plant(ROWTP) is more than 20 years old and recent inspection of the interior of the tank showed significant deterioration of the interior lining. The bulk tank is at the end of its service life, and therefore,replacement of the tank is necessary. Ancillary components to the bulk caustic storage tank, such as the tank heater, level transmitter, tank/piping insulation and heat tracing,piping, and containment coatings should also be addressed as part of the tank replacement. The scope of work consists of review and inspection of the existing tank conditions and site,preparation of design plans and specifications for a new tank and associated supply piping, coordination with FDEP, and bidding. SCOPE OF SERVICES Task 1: Review Existing Conditions Consultant will review existing caustic tank and piping at the Hobart ROWTP and evaluate options for a replacement tank. Consultant will develop a phasing plan to allow replacement of the existing tank without interrupting service. Task 2: Design Plans and Specification Consultant will prepare plans and specifications for a replacement tank. Plans will consist of a site plan,tank supports,piping,tie-in details, and general details. Photos may be used to depict details. It is anticipated that approximately four(4) drawings will be prepared. Specifications will be prepared and consist of the replacement tank, associated piping, coating of existing containment area, and demolition of existing tank. Consultant will provide 90%plans and specifications for review and comment as well as final plans and specifications for construction. The plans and specifications will be combined with the sulfuric acid tank replacement project(Work Order#14)to be bid out as a single construction contract. Drawings and specifications will be provided in electronic (.pdf—portable document format) form. 136 Task 3: Coordination Consultant will prepare permit application Form 62-555.900(1) and submit application with supporting plans and specifications to the Florida Department of Environmental Protection Southeast District. The permit application will include both the bulk sulfuric acid and caustic tank replacement. A permit application fee of$1,000.00, in accordance with FAC 62-4 n.7.a will be furnished by Indian River County Utilities as part of the application. Consultant will answer questions from contractors regarding the scope of work during the price proposal phase. Consultant will review one set of shop drawings on the tank and piping during the construction phase of the project. TIME SCHEDULE Services for Tasks 1 and 2 are anticipated to be completed within 5 weeks of notice to proceed. Task 3 will be concurrent with project construction and is anticipated to be completed within 6-8 months, depending on contractor's schedule. FEE SCHEDULE We will provide these services in accordance with our Continuing Consulting Engineering Services Agreement for Professional Services dated April 17t, 2018, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for a lump sum fee as follows: Task No. Task Task Fee Task 1 Review Existing Conditions $ 3,300 Task 2 Design Plans and Specifications $ 13,200 Task 3 Coordination $ 5,500 TOTAL LUMP SUM FEE $22,000 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project,but may be required depending on circumstances that may arise during the execution of this project. Additional services include,but may not be limited to the following: • Construction phase services not described herein 137 INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Roland DeBlois,AICP; Interim Community Development Director FROM: Bill Schutt,AICP; Chief,Long Range Planning DATE: October 11, 2019 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 22, 2019. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: November 5,2019 Hanlex Development, LLC Request to Rezone +/- 4.40 Acres from CN, Neighborhood Commercial District, to CL, Limited Commercial District (Subject Property 1) and Sogra Properties,LLC Request to Rezone+/- 1.037 Acres from CN,Neighborhood Commercial District, to CL, Limited Commercial District (Subject Property 2) [RZON-99040166-85162]. Subject Property 1 is located north of South Dike and Ditch (Indian River County/St. Lucie County line), and east of 27th Avenue SW. Subject Property 2 is located west of 27th Avenue SW, east of 27th Drive SW, and approximately 315 feet north of 25th Street SW. [Quasi-Judicial] RECOMMENDATION: The referenced public hearing item is provided for the Board's information. No action is needed at this time. 138 :o 1` apers PART OF THE USA TODAY NETWORK Indian River Press Journal i 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION ' INDIAN RIVER COUNTY PLANNING 1801 27TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, Joe Heynen,who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a j period of one year next preceding the first publication of the attached copy of advertisement ; i and affiant further says that she has neither paid or promised any person, firm or corporation any discount , rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. OCTOBER 20TH,2019 Subscribed and sworn to before on October 21ST,2019: .- ..._9Cl_.i.cz..VY1. uv'\60-I r> .f.... Notary,State of WI•County of Brown TARA MONDLOCH Notary Public: State of Wisconsin My commission expires: August 6, 2021 Publication Cost: $315.00 Ad No: GCI0290006-01 Customer No:463755 PO#: , 5 I38—I 10.C . 11 BEFORE TM BOARD 0.F COUNTY COMMISSIONERS IN 3IAN RP. ER COUNTY NOTICE OF REZONING - PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider adoption of a county ordinance rezoning land within the unincorporated portions of Indian River County: A public hearing at which parties in interest and citizens shall have an opportunity to be heard,will be held on Tuesday,November 5.2019,at 9:00 a.m.in the County Commission Chambers of the County Administration Building,Building A,located at 1801 27th Street, Vero Beach,Florida.The proposed ordinance to rezone the subject properties is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±4.40 ACRES LOCATED NORTH OF SOUTH DIKE AND DITCH AND EAST OF 27TI-I AVENUE SW FROM CN, NEIGHBORHOOD COMMERCIAL DISTRICT, TO CL, LIMITED COMMERCIAL DISTRICT;AND±1.037 ACRES LOCATED WEST OF 27TH AVENUE SW,EAST OF 27TH DRIVE SW,AND APPROXIMATELY 315 FEET: 'NORTH OF 25TH STREET SW FROM CN, NEIGHBORHOOD COMMERCIAL DISTRICT, TO CL, LIMITED COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY. AND EFFECTIVE DATE, The rezoning application may be inspected by the public at the Community Development Deparunent of the County Administration Building A,located at 1801 27th Street,Vero Beach,Florida,between the hours of 8:30 min. and 5:00 p,ut, on weekdays. For snore information. contact Bill Schutt at(772)226-1250. The Board of County Commissioners may adopt another zoning district, other than the district requested, provided that the recommended zoning district is consistent with the county's comprehensive plan. Anyone who may wish to appeal any decision that may be made at this meeting will need to ensure that a verbatim record of the proceedings is made,which includes the testimony and evidence upon which the appeal is based, Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act Coordinator at(772) 226-1223.at least 48 hours in advance of the meeting. . Existing Zoning Map Nashua Development,LLC and Sogra Properties,LLC Rezoning Request Sogra Propertiesq t I 1 i-- N +/-1:037Acres -' -..x-t i, 115-3'. .' { 1 _ ItS'S ,.... .. TCS 6.:;..«.. .., , r3 z eN R-1 .. I A-1 a ns 3 ILIVV t � it low County unn nowyont St .t County RS4 AG-I '.CN' f.N' Henlea Development +/-4,40 Acres CN to CL Indian Riser County Board ntCoum.(Commissioners By:-s-Boh Snhiri.Chairman I o 1e tr , 250 1 90NO40,OCTOBER 2C.2019 1 TREASURE COAST NEWSPAPERS on Indian River hospital offers`virtual visits' Vero Beach plans Leisure Square fee increase Janet Beeley Online Hoeft sacxr:aIre pine Cann ne.raaa•n Colleenwinen ye:r.hat derided In keep It open of- . ,.sa Mom'srecoss.neuron r,. ,•caxwv ter a large public outcry, I T 09•.00•.011qurts-r,Ogle. o provide 2a•Iwur online The council gave the pool a one- VERO BEACH-Instead of smiting healthcare,Cleveland Clinic parr- ' year reprleee to close Tire gap be- hoursorevendayslaseraphysician or twit aiihArlerttnn Vielhe inlet VERO BtiACIl-The costal swim- ,ween txpenaes and revenue. making a trip to Ilse emergency room, medicine company providing the ruing al the Leisure Squ0te goal About 400 people use the pool Cleveland Clinic Indian Meer llospI101 technology platform and some of sono could he going tip for fol mnP each week.bill.as with other muni• • will enable patients In see a dolor 24 the board•certiied healthcare city residents, ripal recreation facilities,II still Ins- henna doily through the help oftechllnl- professionals. . Vera Beach may hike tete cost of ex looney.city recurs show. vEy' ITo learn more about American using the pool and other amenities TheRecreationdepartmealover- Celled Eopreas Care Online,patients tit Leistue Square,And the high., ;Moses about 51.6 million n year,It Wen or haw Phys'''''at Cleve• can ere anJ a Cale Vul illy with cubs will full o clIpy of those who coals about 52,2'Milian to upa'laly land[tinic mein the Express Care t a hralthrnm provider about urgent live outside the city lbnus, the department.but revenue is only health issues using a maid*device in- I O0,n emervlce,visit If approved by the City COI/11C l 5509.250.budget figures show.I.el- ' eluding smarlphuncs,lablels or earn- . anwsl.corm , Nov,4,the new fees would go Into sure Square,370$16th SI,loses r mom, effect Nov,IS,City Manager Maitre 5160,)050 year.It costs 5212.235 to I The program works through a free by credit card at the lime of the ulnae Falls said_The public eon speak nperale,hilt it takes in 573,250 a • app Ina can he dmvnloaded tram Goo- visit, about the chatrges eluting a hunting year. ger Play for Android.the App$0210 for Some Insuran,rcompanies covet the at the 5 p.m,meeting. oaring this year's budget meet- ,\pple or the Cleveland Clinic Indian cost of virtual visitsunder their polities. The biggest Increase would be for Ingo, non-city residents told the Rivet Hospital's website If the patient needs medication,the renting the facility,fore Veru Beach City Council they were willing to pay 'We ore launching the system now prescription can be sent electronically resident,full-day rental of the en- mote to use Leisure Square. ahead of the Ru seaann;said Angela In the pharmacy of the patienl'sdtaice. Ills facility Would lump 111%.tram City stnli determined new rales Dickens.slokesyoutmi for Cleveland teletitedkihe to ehsnging the.say 5675 In 51,000-Non-city residents by comparing fees at load ftlness Clinic Indian River hospital,"In.1/11111- penplecannccess healthcare,occording would pay 51,300,up 79•:percent centers and looking til where(n- ary through April,nor emergency mom to Or.Greg Rosenetarroe,president of from the current 5725. creases mold be made,tally sold canget very busy and we're hoping pen- Cleveland Clinic Indian River Hospital. Leisure Stamm memberships for Marty of the different rales also wets. pee with less ovule iiMesses will give "the way we deliver services Is rap- non-city residents would increase eliminated,he said • this a try." idly evolving and technology allows us 12%percent to 25 percent,depend- 'There were mo many di0erent These visits provide a virtual"face- to make access to healthcare more con- Ing on the plan, categories:he said,it mole It h;mi • m-fare•encounter In which the health- venienl,`sold flosenerance_"All.mer- There would he new fees Our hose tndntermine lintesl-'Phew hmc aim'aim- 0-are provider and patient cat see each gency situation can happen at(tight or who porticipole lust in classes ul pilled h.' i other and discuss issues the patient in on the weekend,Wilk Express Care On- Leisure Square.City youth younger Newcomputer sof,ware will help rn nnnledng, line,patients con he seen and treated than 11 mid x aider than 60 city employees determine indtvid- i The examination Is performed via o Instantly or advised to go to the hospital would pay 550month.That would sal rales.Falls said, private,secure video hideh Is often suf• for further treatment' double for non-city residents., And Leisure Square could lie- nelenlludetermine the sedoasneosOra The virtual visits are Phase I or the Adults currently pay 510 31,101111110 near Crosier Iv spur.160. 110 en- roll,,curadieorfu-like symptoms new telcmedidne program offered at attend classes if limy lice in the city. Iranee signs maybe refurbished and Express Cate Online can diagnose Cleveland Clinic lnden River linspilnl, Non-city adults would will pay 52 aved chaser to the road,Elis said, Whirling and neat many illnesses luding The second phase will include fni- month more Than their current 515, o It's one of the cnntplaints we cough,urinary duct infeetions,akdumi- low-up visits oiler o patient's Initial The changes sboald not be u sot- heard,-Palls said"People said they •• nalpain.diarritea,fever and headaches, treatment and is expected to he rolled prise.Fans said,The City Council didn't know It was there" The cost for the visit is$55,payable out shortly,Dickens said, initially wanted the pool ringed next n� a1I AJJrlable Ann•mrparr i ,r,k ' a t Stiln7fonr,kr. %IpO SMI+It no0Vi119; ' { e6a.andown n $TtD ' 4 _ pG W &DestgriCenter r v,.,iti:s.,..ri.:.-1 �1' as^aauaaa.a, \ ld w:sw5 lowest Meet Huge Stb.atlans,Happy Custonursl ? 117!.15,f(r r\,I'm`,ST-i. 7Iivirc damn-_ CERAMIC TILE•LAMINAT E • .QCl1: - :: a772 779 lnxiEI'<� s•• .« , .,; ... x,t,... ..r sat ax.atsrmm d CARPET•WOOD•VINYL t' 1.91......$1.1.1.91......$1.1.4...wLln,«A,. , "t'""'•"-`` - 915 USNWY I,SEBAS11AN FREE£Sf1MATES iPs www,,,}ereyiipld,0aeil rinp-cam 589'6818" t f a BEFORE THE - - . XI; BOARD OF COUNTY ) a— tx3 •COMMISSIONERS �i74i7i ?triwltQ I "'t 1 •. D E N TKL `- INDIAN RIVER COUNTY ' 1.• 4. 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Auditioning fur Jesus,Judas,Mary,Calaphas,Annas -- 'i a a- land Pontius Pilate(Lead rules only at this time) vs ,"f''d 1I © BringCO or sheet music yeah song of your choice,1 to 2 minutes "' PRODUCTION DATES ` - S 1P4.. w•f-1 .. .",•.'L'• March 11 through Much 29 . �`. .' ` ! — .• n.:WE Audili„m la he held:a The Vero Rcarh.111,1Ne Guild IC)4L lQ r; 2020 Slut ju.to Ave,Vern iiadt,lit 52%0 17 2-56247,5x5 -"s""•Vor.4*„•^,,, rerhuchthelUczcild.;om ii:SgsZil yanseslae a. - .. a .--... wow. /02,A 1 I. INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland DeBlois,AICP Community Development Director FROM: Bill Schutt,AICP Chief, Long Range Planning DATE: October 15, 2019 SUBJECT: Affordable Housing Advisory Committee Membership It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 22, 2019. DESCRIPTION AND CONDITIONS On December 4, 2018 the Board of County Commissioners (BCC) directed staff to schedule Affordable Housing Advisory Committee (AHAC) meetings to discuss, study, and review the affordable housing issue within the county. Since receiving that direction,the committee has met a total of 4 times and is making good progress,however, for those 4 meetings it has been difficult to achieve a quorum. Currently, County Code Chapter 308 (Attachment 1) and Resolution 2008-038 (Attachment 2) adopted on March 18, 2008 requires the AHAC to contain 16 voting members and 1 non-voting Board of County Commissioners liaison.To achieve a quorum with such a large committee requires a minimum of 9 voting members be present. Of the committee's 16 voting members,9 attended the first AHAC meeting on February 14,2019,7 attended the second AHAC meeting on April 24,2019, 10 attended the third meeting on June 19,2019,and 7 attended the fourth meeting on September 18, 2019.Thus,the County achieved a quorum 2 out of 4 times and only minimally achieve that quorum for those 2 times. Notwithstanding the attendance,in 2016 the State revised its statutes and established a minimum of 8 and a cap of 11 members for the overall allowed AHAC size. This size cap contained in Florida Statute 420.9076(Attachment 3)is inconsistent with the number of members the County requires on its AHAC. County rules therefore should be revised to be consistent with state statutes. ANALYSIS As stated, current state statutes require a minimum of 8 and a maximum of 11 members on an AHAC. At least 6 of those members must be selected from 11 different categories, ranging from such categories as home builders,bankers,and real estate professionals to for-profit and non-profit affordable housing developers. 139 Within Indian River County, each of the 11 categories listed in state statutes are currently represented on the AHAC,plus additional elected official representatives and/or appointed officials from each of the municipal and county government. Attachment 4 provides a listing of the 11 categories listed in state statutes and represented on the County's AHAC(member numbers 1 —11), followed by specific elected officials on the County's AHAC (member numbers 12 — 17). Attachment 4 also shows meeting attendance records for each of those 17 AHAC member categories. Current County ordinances allow the BCC to remove members of a committee for at least 3 unexcused absences. Of the 17 members on the AHAC, 6 members have been absent for at least 3 of the 4 AHAC meetings this year, with some missing all 4 meetings. In contrast, 10 AHAC members and the 1 County appointed BCC liaison have attended at least 2 or more AHAC meetings this year. In light of state requirements that limited AHAC size to no more than 11 members, it is recommended that the BCC restructure its AHAC membership to be of a size and membership consistent with state law. In so doing, it is also recommended that the BCC amend its regulations and AHAC Appointment Resolution to be consistent with state law. One basis for reducing the AHAC size could be the attendance history shown in Attachment 4. Selecting members based on at least attending 2 of the past 4 County AHAC meetings would yield 5 municipal representatives, 1 non-voting BCC liaison, and 5 members from the 11 categories that state statute requires the County to select from. Following this methodology would require that 1 remaining state category be selected to achieve the minimum 6 out of 11 state categories. That 1 remaining category could be selected from 1 of the remaining committee members that showed up for a County AHAC meeting at least once this past year. This may include a for-profit provider of affordable housing,a representative of areas of labor engaged in affordable housing home building, or a citizen who represents employers within the jurisdiction. Of those 3 options, it is staff's suggestion that the current AHAC members in those categories be asked (in listed order) if they would like to continue to participate,and select the person based on expressed interest in continuing on the AHAC. For quick reference,the 11 AHAC membership categories listed in state statutes and the number of times those categories were represented at County AHAC meetings this calendar year are as follows (organized by# of times AHAC meeting attended): Florida Statute Requires Between 8 and 11 Members with at Least #of Times Attended 6 from the Following Categories County AHAC Meeting 1. Advocate for low-income persons in connection with affordable housing 4 2. Not-for-profit provider of affordable housing 3 3. Real estate professional in connection with affordable housing 2 4. Local planning agency representative 2 5. Citizen who resides within the jurisdiction 2 6. Representative of areas of labor engaged in affordable housing home building 1 7. For-profit provider of affordable housing 1 8. Citizen who represents employers within the jurisdiction 1 9. Residential home building industry 0 10. Banking or mortgage banking industry 0 11. Citizen who represents essential services personnel(defined in LHAP) 0 140 CONCLUSION As required by current state statutes, local AHAC membership size must be between 8 and 11 committee members..The County's current AHAC membership is 17 members(16 voting and 1 non- voting). While the County's AHAC is larger than allowed by the state, actual AHAC meeting attendance by AHAC members has been less than 11 voting members for each of 4 separate AHAC meetings held this year. To be consistent with state statutes and consistent with actual AHAC meeting attendance, the County should revise County Code Chapter 308 and adopt an updated AHAC Resolution to reduce its AHAC's size to no more than 11 voting members(plus 1 non-voting commissioner liaison),with at least 6 members selected from the 11 different categories listed in state statutes.These actions will allow the AHAC to more easily achieve a quorum and will bring the County's AHAC size into compliance with state requirements.With respect to the existing AHAC,the County can achieve the AHAC size reduction from the AHAC membership list and meet state requirements by selecting from its existing members that have the best attendance records. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Authorize staff to proceed with preparing an amendment to Chapter 308 of the Indian River County Code of Ordinances to make Affordable Housing Advisory Committee membership requirements consistent with amended Florida Statutes; and 2. Authorize staff to proceed with advertising for a public hearing for the amendment; and 3. Authorize staff to proceed with preparing an updated resolution for BCC consideration to adjust Affordable Housing Advisory Committee Membership requirements to be consistent with state statute; and 4. Approve the proposed membership make-up of the updated AHAC to consist of one non- voting BCC liaison and 11 voting members as detailed in this memo. ATTACHMENTS 1. Portion of Indian River County Code Chapter 308 2. Indian River County Resolution 2008-038 3. Florida Statute 420.9076 4. Comparison of State and County AHAC Membership 141 PORTION OF CHAPTER 308. INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PROGRAM Section 308.07.-Creation of the Indian River County Affordable Housing Advisory Committee) (1) The Indian River County Affordable Housing Advisory Committee is hereby created and established pursuant to the requirements of F.S. §420.90760.Thelmembers of the advisory_committee_shall_be ppointed.by_resolution of the board of county commissioners. (2) The resolution appointing the Indian River County Affordable Housing Advisory Committee shall define affordable housing as applicable to the county in a way that is consistent with the adopted local comprehensive plan. (3) `fhe affordable housing advisory committee shall consist of seventeen (17) members. Sixteen (16)' [members shall be voting members, and nine_(9 of_those voting members shall constitute_a quorum! The committee may not take formal actions unless a quorum is present, but may meet to hear presentations and undertake other informal activities if duly noticed. (a) rjThe Indian River County Board of County Commissioners shall appoint the voting members of the affordable housing advisory_committee in conformance with_the following representational criteria F. One (1)citizen who_is actively engaged in the residential building.industry! . One (1)citizen who is actively engaged.in the banking or mortgage industry. 3. One (1)citizen who is a representative of those areas of labor engaged_in_home building ,4. One (1)citizen who is designated as an advocate for low-income persons! . One_(1)citizen who is actively engaged as a for_profit a provider of affordable_housing, One (1)citizen who is actively engaged as a.not-for-profit provider of affordable_housingg 7. One_(1)citizen who is a real estate_professionai 8. One (1) citizen who acti_ve_ly_serves_on_the county's local planning agency(Planning and [zoning Commission)! 9. One_(1)citizen who resides within the county! ' 110. One (1)citizen who represents employers within the county! 11. One (1)citizen who represents essential service_personnei! 2. One (1) member who is a representative_of the City of Fellsmere, appointed_by_the City of Fellsmere! [13. One (1)member who,is a_representative of the City of Sebastian, appointed by the City of Sebastian! [14. One (1) member who is a representative of the Town of Indian River Shores, appointed by the Town of Indian River Shores! [15. One (1) member who_is a.representative of f the Town of Orchid, appointed by the Town of Orchidi 16. One (1) r--n a representative of the City of Vero Beach, appointed by the City" ,fof Vero Beach, 142 Attachment 1 b) The Indian River County Board of County Commissioners shall appoint one member of thd ]Indian River County Board of County Commissioners as a non-voting member of the affordable housing advisory committees (4) The following terms of membership shall apply to members of the committee: (a) Voting members shall serve for two-year terms and may be reappointed for subsequent terms. (b) Non-voting members shall serve for one-year terms and may be reappointed for subsequent terms. (5) Meetings shall be held as needed. (6) The Indian River County Affordable Housing Advisory Committee shall comply with the Government in the Sunshine Law, the public records law, and the special provisions regarding notice of Affordable Housing Incentive Plan considerations found in F.S. § 420.9076. Minutes of all meetings shall be kept. • (7) The Indian River County Affordable Housing Advisory Committee shall annually elect a chairperson and a vice-chairperson, and such other offices as it deems necessary. (8) Staff, administrative and facility support for the Indian River County Affordable Housing Advisory Committee shall be provided by the board of county commissioners. (9) Triennially. consistent with requirements of F.S. § 420.9076 and Rule 67-37 FAC the advisory committee shall review the county's established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. (Ord. No. 93-13, 4-6-93; Ord.No. 2014-008, § 1(App. A), 4-15-14) 143 Attachment 1 RESOL.'T=O�; ��;C. 003 e-e038 ...^ I A RESOLUTION 0 INDIAN RIVER COUNTY, LORIDA, TABLISHING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE AND AS IGNING TASKS TO THE COMMITTEE. WHEREAS,•eIndian eRiver e0ounty eadopted cOrdinance cNo.e 93 e-e 13 , e establishing e the e Indian e River e County e Local e Housing e ssi stance e Program; Band e WHEREAS, eOrdinance Ivo. e93 e-e 13 Bas erodified s haoter e303 eof e the elndian e7iver county ode; eand e WHEREAS, e ane ffordable e Housing e dvisory e Committee e was e appointed e r_ eMay e13, e1993 eto perform Band ecomplete the erluties Band e functions eset eforth e n e ection e 420 .9076, e Florida e tatutes, e and e Section e303 . 07 eJf he elndian giver £ounty code; eand e W ?EREAS, e the e 1993 e ffordaole e Housing e Committee it dvisoryt C tee e er� e lets eallee referencedeabove e e e performed and comoletedtasks and was eventually c.issol ved eon eNover ber i, e2003 ; eand e WHEREAS, e the e2007 e Florida eLegislature,e as epart eof e the eH3 e 1375,e revised election_ e 220 . 9070' .F.S. eto erequire call amount ies ein he e state eastablish elf fordable diousing ekdvisory committees .e NOW, e THEREFORE,•e Be e IT e RESOLVED e BY e THE e BOARD e OF e COUNTY e. COMMISSIONERS CJF eINDIAN eRIVER OUNTY, eFLORIDA, ethat :e 1 .e mew e f fordable e:=iousing akdvisory ommittee e(eHeC) Bis eherebye established.e 2 . The eAffordable eHousing eAdvisory ,eComm t ee e o g er'e er ' e i t v tin �.,..mb s: ip shall e B e as e identified e in e xhib_t e "AC attached e to e thise resolution.e 144 R SO7.TICN NO. 2003 - 038 3 . The Affordable Housing dvsory Committee non-V,ot_ng membership s all be as 'identified in Exhibit ``3" -. , - ..e'd to this resoi" _io_n_. 4 . Vacancies in membership shall be filled and approved by majority vote of the Indian River County Board of County Commissioners. I . The provisions of Chapter 103, Commissions and Boards, of the Indian River County Code shall apply to the activities of the Affordable Housing Advisory Committee unless otherwise specified in Section 308707 of the Indian River County Code. 'o . The Affordable Housingg. Advisory Committee shall have no power or authority to commit Indian River County to any policies, incur any financial obligation, or create any liability on r ' the Dart of the County i.lnti i approved or adopted oV tih e �Oa d of County Commissioners : 7 . Duties of the Aaffordable Housing Advisory Committee include but are not limited to: • Providing advice to the Board of County Commissioners regarding the provision of affordable housing and 'workforce housing within the county o Assessing new affordable housina strategies aReviewing and assessing the county's current affordable housing incentives o Reviewing the County' s current policies and procedun.s as related to the provision of affordable housing 2 145 R SOLUTION NO. 2038 - 038 • Review 2g chs. -ousin§ Element comoonen: c3 the 'CoGnty' 5 Comprehensive &Ian Evaluation and Appraisal Report . • Reviewing tom_ County' s £and Develgpment Regulations as they relate to the oroviSion of affordable and workforce housing. ▪ Submitting a report to the Board of County Commissioners by December 31, 2008 and each 3 years thereafter, to recommend specific actions or initiatives to encourage and facilitate affordable housing while protecting the ability of property to appreciate in value. The foregoing resolution was offered by Commissioner Peter D. 0t+an and seconded by Commissioner +g eyS. m/s , and; being put to a vote, the vote was as follows.: Chairman, Sandra L. Bowden Aye . . Vice-Chairman, Wesley S. Davis Aye Commissioner Peter O. O'8.an Aye Commissioner Joseph E. FlsCher Aye Come.sioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly gassed and adopted this 18^ day of March , 2008 . 3 146 RE5OL. TIO? YO. 2303 - 038 INDIAN al-VER COUNTY, FLORIDA ATTEST: BOARD OF COUNTY COQ `'IiSSIONERS " CYNg.a.a4. D By /t San si4. TL. B Avdel,, riairinan Jeffrey K. Barton, Clerk APPROVED AS TO FORMAT AND 'LEGAL SUFFICIENCY: William G. Collins, II County Attorney 147 R:sc:UT ON i'iO. 233 - 038 EXHIBIT "A" Member of the. Indian River County Affordable owing Advisory Committee Appointed by the Indian River County Board of County Commissioners, pursuant to Section 42.0 . 9076 (2) ._ .S. . Representational Criteria Voting Members 1 . A citizen who is actively engaged in the residential home building industry in connection with affordable housing. 2 . A citizen who is actively engaged in the banking or mortgage industry in connection: with affordable housing. 3 . A citizen who is a representative of those areas of labor engaged. in home building in connection with affordable :!ous,ng. • ^' A citizen who is actively engaged as an advocate for low- income perso_n_s in connection with affordable housing. 5 A citizen who is actively engaged as a for-profit provider of affordable housing. 6 . A citizen who is actively engaged as a not-for-profit provider of affordable housing 7 . A citizen who is actively engaged as a real estate professional in connection with affordable housing. 8 . A citizen who actively serves on the County' s local planning agency _ (P arming and Zoning Commission) pursuant to S. 163 . 3147r.S . 9 . A citizen who resides within the county. 10 . A citizen who represents employers within the county. 11 . Acitizen whorc re entS essential serVices pers nne- , as defined in the Local housing Assistance plan. 148 RESO7U-70N NO. - 033 EXHIBIT "A" Voting Members 12 A representative appointed by the City of =e_lsmere 13. A representative appointed by the City of Vero Eeach 14 . A: "rep esentative :appointed by the City of Sebastian 15. A representative appointed by the Town of Indian River Shores 16. A representative appointed by the Town of Orchid EXHIBIT "B" Non-Voting Member Representational Criteria _ 1 . A member of the Indian River County Board of County Commissioners _ :\Coma._-cy pe°rtl-opne^ \Us-_s\`•IICKIE\csvUS,I iG\:ai-I;CYE.43._:f 149 9/30/2019 Statutes&Constitution:View Statutes:Online Sunshine Select Year: 2019 V Go The 2019 Florida Statutes Title XXX Chapter 420 View Entire Chapter SOCIAL WELFARE HOUSING 420.9076 Adoption of affordable housing incentive strategies; committees.— (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee. The local action adopted pursuant to s. 420.9072 which creates the advisory committee and appoints the advisory committee members must name at least 8 but not more than 11 committee members and specify their terms. The committee must consist of one representative from at least six of the categories below: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shalt be provided by the appointing county or eligible municipality. (4) Triennially, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies.At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3. (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. 150 Attachment 3 www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&U RL=0400-0499/0420/Sections/0420.9076.html 9/30/2019 Statutes&Constitution:View Statutes:Online Sunshine (d) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible tot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform the initial review but may elect to not perform the triennial review. (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper ofgeneral paid circulation in the county. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the corporation. (6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(16).The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies.The notice must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after issuance of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9073. P Y (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the local government, including: (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. 151 Attachment 3 www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&U RL=0400-0499/0420/Sections/0420.9076.html 9/30/2019 Statutes&Constitution:View Statutes:Online Sunshine (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. History.—s. 32,ch.92-317;s. 15,ch.93-181;s.38,ch.97-167;s.24,ch.2006-69;s. 19,ch.2007-198;s. 117,ch.2008-4;s.30,ch.2009-96;s. 16, ch.2011-15;s.67,ch.2011-139;s. 11,ch.2016-210. Copyright O 1995-2019 The Florida Legislature • Privacy Statement • Contact Us 152 Attachment 3 www.leg.state.fl.us/statutes/i nd ex.cfm?App_mode=Displ ay_Statute&Search_Stri ng=&U RL=0400-0499/0420/Sections/0420.9076.html _ d N M o a) 4. C3 d O a o 0 0 O to c .1:4QCII I I I N in 1... + W- a y c co an • c � UO y CA E ) U s C) r " O bA „• Cr. C C a X X X X X X X X X X X a $i r"),.... a) , c� 5 ¢ '� a o o .� O MI o to a) c• o 0 to a, a b O O — 'ct• .--, (,-, N N N •--, O ct• N 'ct• M co O ai Fo a) a+ �= R ° U C U yy C"" • O O y (.2 a., A O a• ° � oo X X X X < < < k•,-. -0 ca a o ° ° a) a r., 4.) a) to O E c O a, T.-• o p. o E CX C .'-r ti yam .40o -,7)„ _ �oI X X XX X X X X X X X U �, cn r 0 4 cu N .Q "0 o .0 ... + �o c R GI) Q binO •> 5 c3 0 y.r •F -t •.' 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O U .0 Q E c ° co a) o i `'ti o y o ¢ s) o U o r ,D .s 0o up .0 �i. oa Ot. 4., L. ,,, > > a)cy C1) ? G a 'Is L. '44 N • na > Nb m (Z., q q v y i y � ° U4• ° ° aii � " t2gL. EoOy0o o cy v o o ac 1.4 U R ` . vi ~ s. s. a � L. yam., O a) CC — U t.ti h a CL i)., y. Ca,da O m ) ; ° ma acc i > v y Oo� � + mv A� 4(;)' ° 3 ° 0 0 QcguQ rg ai . N RS v� by i. N-0 0., .-Y �ea 0 ) a) 4. V a) E •° . ,,, , .c cO , E O o r. c ca V o U W W Ti u 09 '4_E N M4 V', 1p 00 O\ Nen v, [� .-, .-. .-- ,-, - I .--, .-. w • Attachment 4 Y .A ,Z, Departmental Matters INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator FROM: Roland M. DeBlois, AICP Interim Community Development Director DATE: October 15, 2019 SUBJECT: Establishment of a Census 2020 Complete Count Committee It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of October 22, 2019. DESCRIPTION AND CONDITIONS As mandated by the U.S.Constitution,the United States Census Bureau is required to take a census every ten years. Since the last census was conducted in 2010,the next census must be undertaken in 2020. Besides enumerating all people in the country,the census count will determine the amount of federal and state funds that local governments may receive over the next ten years and will affect future redistricting and representation at the state and federal government levels. For those reasons, it is important for each local government to ensure that every resident of its community is counted. To encourage all residents to participate in the Census 2020 count by returning their completed questionnaire, the Bureau of the Census recommends that each local government establish a Complete Count Committee. • Complete Count Committee A Complete Count Committee is a major vehicle for planning and implementing local, targeted. census related efforts that will uniquely address the special characteristics of a community. Overall, the role of a Complete Count Committee is to plan and implement a locally-based promotion to publicize the importance of Census 2020. The ultimate goal of the committee is to achieve widespread participation in the census for the betterment of the county and its residents. The committee can also provide community benefits beyond the census. According to the Census Bureau, a local Complete Count Committee should: 154 ■ Actively involve leaders from a cross-section of the community, including those segments of the population that are most difficult to enumerate, in order to stimulate response to the census. ■ Make government employees aware of the census through an internal promotion campaign. ■ Localize and augment the various national outreach and publicity projects, activities and events conducted by the Census Bureau. ■ Coordinate local promotional activities with the timing of various Census Bureau field operations and keep local promotion and participation alive through all phases of the census. Established by the local elected body, a Complete Count Committee should be comprised of key influential community leaders, including representatives from government, education, media, faith-based organizations, community-based organizations, and businesses. A Complete Count Committee should reflect the importance of cooperative efforts between state and local governments, and the Census Bureau. Unlike previous years, there are no funds related to this effort. ■ Role of a Local Complete Count Committee The goals of a Complete Count Committee are to: - Make everyone in the community aware of Census 2020. - Motivate the community to participate in the census by filling out the census form and returning it immediately. The objectives of a Complete Count Committee are to: - Use highly visible and well-respected local figures to increase community support for and response to the census. - Promote the census to community residents through government departments, particularly those agencies with extensive public contacts. - Implement activities that will improve census participation by all residents, especially undercounted segments of the population. - Emphasize the Census Bureau's commitment to confidentiality to further increase participation in the census. - Augment media programs,publicity,and promotions conducted by the Census Bureau. - Provide local knowledge and intelligence that will assist the Census Bureau's operational activities and programs. - Support the Census Bureau's programs and activities that promote and improve the census. - Support the Census Bureau's recruitment of employees needed to conduct the census. 155 • Sample Activities of Local Complete Count Committees October—December 2019 - Develop a list of barriers or concerns that might impede the progress of the 2020 Census in the local area,such as recent immigrants,non-English speaking groups,high crime areas, and communities with gated residents. Explore ways/activities to address or overcome those barriers. - Create ways to dispel myths and alleviate fears about the privacy and confidentiality of census data. - Place census messages in water bills, property tax bills, and other correspondence generated by the jurisdiction. - Develop and implement activities to involve local government employees in 2020 Census awareness campaign. - Encourage corporations to become official sponsors of census activities. - Have census banners, posters, and other signage placed in highly visible public locations. - Include the 2020 Census logo and message on bus schedules, brochures, newsletters, and the local jurisdiction Web site. - Sponsor a census booth at county fairs,carnivals,and festivals(especially cultural or ethnic celebrations). - Have census information available during voter registration drives. January—March 2020 - Add a census message to all meetings, events, and correspondence. - Provide information on federally funded programs that have benefited the community. - Plan a major promotional event around the mail-out of census questionnaires. - Saturate public access areas with easy-to-read and understandable census information customized for the community. - Ask elected officials to encourage residents to complete and return questionnaires immediately. - Place a census message on all municipal marquees urging residents to complete and return their questionnaires. April 2020 - Place public service announcements in local media encouraging residents to cooperate with Census workers. 156 ■ Chairperson and Committee Members According to the Census Bureau, members of a Complete Count Committee should be well- respected and.influential leaders and "gatekeepers" from all segments of the community. For example, members should represent business; labor; local government; homeless, religious and educational organizations; neighborhood associations; and ethnic and minority organizations. All of the people appointed to the committee should bewilling to invest time, resources, and energy in this project. • Period of Service The Complete Count Committee should be active through June 2020, with the peak impact of the committee targeted toward April 1, 2020. ANALYSIS It is important for the county to ensure that everyone is counted as part of Census 2020, so the county can receive its fair share of federal and state funding. Nationally, the Census Bureau has scheduled many activities, such as advertisements on TV, radio, and in newspapers, as well as awareness programs at schools and other venues to publicize the importance of the census and to encourage participation. A local committee will enhance the Bureau of the Census' promotional and awareness activities. While the activities of this committee will not require any local funding,the Board could,however, provide funds for local advertisements on TV, radio, or newspapers. In fact, some local governments choose to spend money promoting participation in the census count, viewing this money as an investment with the benefit of receiving additional state and federal funds. The principal purpose of the committee, however, is to coordinate with grass roots organizations such as local churches, local businesses, and other similar local organizations in order to encourage local residents to participate in the census 2020 count. ▪ Funding These activities will not result in the county incurring any out-of-pocket costs. Instead,the Census Bureau will provide promotional materials to the County at no costs while the County will provide staff support to the committee. 157 RECOMMENDATION Staff recommends that the Board of County Commissioners establish a Complete Count Committee with the following characteristics: • The local committee should be called the "Indian River County Census 2020 Community Action Committee". • The committee shall be active until June 2020. • The committee shall have fifteen members, and members should consist of: One representative from the Board of County Commissioners Five leaders from areas of the county with a high percentage of minorities *two representatives from the Gifford area *one representative from the Oslo area *one representative from the Wabasso area *one representative from the Fellsmere area - One representative from the School Board - One representative from the City of Vero Beach appointed by the city council One representative from the City of Sebastian appointed by the city council One representative for City of Fellsmere appointed by the city council - One representative for Town of Indian River Shores appointed by the town council - One representative from Town of Orchid appointed by the town council One representative from a local business One representative from a local faith-based organization One representative from the local media 158 c-t o �E � H O EC0 O1 uo..= CO O e ,� � •� N vii N C • sr% 65 a)E E 0 " � � 16- U � > 0 E C all.V 0 _ � 3 0 I Q tip U C 'o O IC OWa tIO CE W a) 4-) L 4- = 0 4--i 0 � a •U ';� U CO C6 i N O 0p L a) 0 0 a) 'U = N b.° CI C6 Q Ca a) L I._ 0 O = _C GJ O N •y v O H +, •0 � W > a-+ te O N QcoO • - = CL O N o N -O +co•+ L U- 0 .O > CD O = ._ CL N C6 CO 4-) .a •: E ba w . u-) biA E ,c a V O p •- 4-J •- i i U Le- In c O N 4-74 Q N *, N 0 I W w N .�-+ = E O Q a-+ < Ct/ b1A Cu Ca E � V � s > - '• to "5 10 a) OCr A .2 "0 '7 To 0)i > °' 0 = > s- LL a) I- CD ,- cam SCD GJ 4- a E .O = � CCC- O " " E E v O ._ 4- 2 , cc O 1= O 0U cc 03 03 • • • • -0 V V o Q ago -5 . _ S— a c .� Q . - a) V • Q) - co -a V > � � E0 co " .:_. co co > 0E -o cN C Di IP p N v W O N c E IPcr Q •� O O 4) C § CU O U V) < u = 0 = 40J L- m O cn ca O V 1 M CU .ii) LI- Ecl.CI up < C° CD W s...'N = I-1 E ct c E (I) 8 Oc6 a) N 0 a) = Q N >, D CO M s � o � � ass (13 WQ Oal= lislo• > E 'am c ._ -0 E iii_ . o �Au .>7 441- U o _ .a • • M� . 1 �1� co 0 00 o en c O ° 0. 2 O s '- oQ V1 = eZ < V N 4) C ) V .0 ° -c m w 4.-1 — NE c' -0 5 22 .— CU 0 . t; cu 2 ``)cc 05- � aro -0 22 C C o oo C o Q 000 � > I ° N "0 °1 rn Q 00 � O CU 1-1 Q -C i A E C co i2 = 4) _c E i v E '_ s a, w .— = -0 c E 2U °Olin V ),$> cu C13 E E Clz C i E o . 4) z O Z a ey `--0 Q .a o a) c -0 a) a) -2 a .44 4) co c aI 4 co 0) V 01 ca O r-I I� �--I Q N I I 0) 01 00 �--I N N a N E a) 4 612 Q v1 f N a) a) co Co 23 4_, co -0L -I--i N in c-1.— a) " -0 c co 4-, ca 0 � 0 - N s- 0 CO i0- s- w CU C +-J -0CU I .> CO ca 4-70 V1 v) .— = 0 c 5 c E co CD +-)a) 8 -0,„) _0 -0 a) -1-'c = L_ c�I.J CCDC _ tea, -v, (i) N O -0 Q co v, E .°) _CO mc) ow 2 •_ J 0_ 0 cam+ cm V O U •— LL .5 22 QU •— v, i ' I.2oa--) Iti. 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MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 10, 2019 SUBJECT: 11th Drive Project Developer's Agreement BACKGROUND. The Capital Improvement Element of the Indian River County 2030 Comprehensive Plan (the "CIE") includes over $7 million for funding for widening of 37th Street from US 1 to Indian River Boulevard. As part of this project,the CIE includes an alternative project,Aviation Extension US Highway 1 to 37th Street and to 41st Street via McCrystal Drive/11th Drive. The CIE notes that the Indian River County Board of County Commissioners (the "Board") has authorized the concept, and that staff is coordinating with property owners. As part of that coordination,County staff has negotiated a developer's agreement with Virginia W.Russell Family, Ltd. ("Russell") and Riverfront Groves, Inc. for the dedication of right of way and the design, permitting and construction of 11th Drive from the southern boundary of the Russell property to 41st Street. County staff is currently negotiating with the other property owners to connect that roadway all the way to 37th Street. Per the proposed developer's agreement,no later than six months from the effective date of the developer's agreement both property owners will dedicate a combined 60 foot wide right-of-way for the design, permitting, and construction of 11th Drive in accordance with plans and specifications which shall be approved by all parties through the County right-of-way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances. Pursuant to Section 1000.12, Indian River County Code,the property owners will receive transportation impact fee credits in exchange for the dedication. Additionally,Russell will design,permit,and construct 11th Drive as a two-lane roadway from 41st Street to the southern point of the Russell property. All road construction will be in compliance with design plans and standards which have been approved by Indian River County through the County right-of-way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances. Provided the Public Works Director has reviewed the bid documents prior to bidding and the bids prior to approval for the work described herein, Indian River County will reimburse Russell for all design, permitting, and construction costs associated with the project. 159 Board of County Commissioners October 10, 2019 Page 2 Prior to beginning the design and permitting of 11th Drive,Russell will submit an engineer's cost estimate for the design and permitting of that portion of 11th Drive from 41st Street to the southern boundary of the Russell property. Such cost estimate shall be approved by both parties prior to beginning the design and permitting of 1 lth Drive. The agreed upon cost will be presented to the Board for approval. Under the developer's agreement, if Indian River County has not entered into a contract for the purchase of the right-of-way necessary to connect to 37th Street within 90 days of the date of the developer's agreement, then Russell will include as part of the site plan and right-of-way permitting process, a temporary connection to 12th Drive,to provide a southern access to the Russell property from 37th Street. When 11th Drive is completed in an alignment from 37th Street to 41st Street, the temporary access connection to 12th Drive will be closed. FUNDING. The 37th Street five lane roadway widening project from US 1 to Indian River Boulevard is contained in the County's Capital Improvement Element of the Comprehensive Plan with funding of$7,227,000 from optional sales tax. The project includes an alternate Aviation Extension US Highway 1 to 37th Street and to 41st Street via McCrystal Drive/11th Drive. There is no specific funding amount in the CIE for the alternate and per the agreement, Russell will prepare an engineer's cost estimate for the design and permitting of the project for review and approval by the Board prior to commencing the project. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners approve and authorize the chair to execute the developer's agreement. ATTACHMENT. Proposed Developer's Agreement 160 DEVELOPER'S AGREEMENT BETWEEN VIRGINIA W. RUSSELL FAMILY,LTD AND RIVERFRONT GROVES,INC. AND INDIAN RIVER COUNTY,FLORIDA This Developer's Agreement, (the "Agreement")is made and entered into this day of , 2019, by and between The Virginia W. Russell Family Limited Partnership., a Florida limited partnership (hereinafter"Russell"); Riverfront Groves, Inc., a Florida corporation (hereinafter "Riverfront"); and Indian River County, Florida, a political subdivision of the State of Florida(hereinafter"County"). Recitals WHEREAS, Russell owns certain property (the "Russell Property") located in Indian River County and more particularly described as follows: SEE EXHIBIT "A" ATTACHED AND INCORPORATED HERETO; WHEREAS, Riverfront owns certain property (the "Riverfront Property") located in Indian River County and more particularly described as follows: SEE EXHIBIT "B" ATTACHED AND INCORPORATED HERETO; WHEREAS, on December 3, 2018, the Board of County Commissioners of Indian River County adopted and updated the Capital Improvement Element to its Comprehensive Plan to include funding for a specific project tentatively called 11th Drive/McCrystal Drive (hereinafter "11th Drive") as an extension between 37th Street and 41St Street as part of the alternative to widening 37th Street; and WHEREAS, as a result of this decision by the County, 11th Drive qualifies for funding and impact fee credits from the County; and WHEREAS, a portion of the proposed alignment of 11th Drive runs along the border between the Russell Property and the Riverfront Property; and WHEREAS, Russell, Riverfront, and the County desire to cooperate with each other to dedicate right-of-way for and to accomplish the construction of 11th Drive, for the mutual benefit of each party; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration, Russell, Riverfront, and the County hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 161 2. Prior to or in conjunction with full or partial development of the Russell Property, but not later than six (6) months from the date of this Agreement, Russell agrees to dedicate to the County 30 feet of right-of-way along Russell's eastern property line (adjacent to Riverfront's west line) to the County for the purpose of design, permitting, and construction of 11th Drive in accordance with plans and specifications which shall be approved by all parties through the County right-of- way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances. In addition, Russell shall dedicate to the County 60 feet of right-of-way between the southern boundary of the Riverfront Property to the south line of the Russell site to align with the portion of 11th Drive to be extended by the County at a location determined by the County. Pursuant to Section 1000.12, Indian River County Code, Russell shall receive transportation impact fee credits in exchange for the dedication. Such credits shall be determined as provided in the County's application for impact fees credit agreement. 3. Prior to or in conjunction with full or partial development of the Riverfront Property, but not later than six (6) months from the date of this Agreement, Riverfront agrees to dedicate 30 feet of right-of-way along Riverfront's western property line for the purpose of design,permitting, and construction of 11th Drive in accordance with plans and specifications which shall be approved by all parties through the County right-of-way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances. Pursuant to Section 1000.12, Indian River County Code, Riverfront shall receive transportation impact fee credits in exchange for the dedication. Such credits shall be determined as provided in the County's application for impact fees credit agreement. 4. The right-of-way to be dedicated and the proposed alignment of 11th Drive are depicted on Exhibit"C" attached and incorporated hereto. 5. For purposes of development, density, whether measured by residential units, non-residential square foot area, or other method, shall be calculated based upon the pre-dedication size (area) of the Russell Property and the Riverfront Property. 6. A. Russell agrees to design,permit, and construct 1 lth Drive as a two-lane roadway as located on Exhibit"C", including turn lanes, (hereinafter"1 lth Drive Project"). All road construction shall be in compliance with design plans and standards which have been approved by Indian River County through the County right-of-way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances. B. Provided the County, through its Public Works Director or other designated official, has reviewed the bid documents prior to bidding and the bids prior to approval for the work described herein, the County shall reimburse Russell or its assignee for all design,permitting, and construction costs associated 162 with the 11th Drive Project. Notwithstanding the foregoing, the County shall not be responsible for those costs specifically required by development of the Russell Property("Russell Project-Related Improvement"). C. Russell or its assignee shall invoice the County for all costs except those specifically required by development of the Russell Property ("Russell Proj ect- Related Improvements") and shall be reimbursed by the County as draws throughout the design, permitting, and construction of the 11th Drive Project. Any invoice submitted by Russell or its assignee to the County for County's payment shall be reimbursed by the County according to the Local Government Prompt Payment Act(Section 218.70-218.80, Florida Statutes, 2017), and not with impact fee credits. County hereby designates its Public Works Director to receive invoices from Russell or its assignee. Each invoice shall be accompanied by an itemized bid schedule or quantity sheet for the 11th Drive Project and a signed and sealed letter from the Engineer overseeing the 11th Drive Project that construction to date has been constructed in accordance with the approved plans. The letter must also stipulate that the Engineer has verified the quantities listed as part of the monthly invoice. The Public Works Director shall have twenty-one (21) days to review and approve reimbursable costs or to request revisions or additional information. D. Prior to beginning the design and permitting of the 11th Drive Project, Russell shall submit an engineer's cost estimate for the design and permitting of that portion of the 11th Drive Project from 41St Street to the southern boundary of the Russell Property. Such cost estimate shall be approved by both parties prior to beginning the design and permitting of the 11th Drive Project. The agreed upon cost shall be presented to the Indian River County Board of County Commissioners for approval. 7. At the time Russell elects to develop the Russell Property hereto, Russell agrees to incorporate sufficient capacity in the development of the Russell Property to provide stormwater treatment for the impervious area within the 11th Drive Project right-of-way for the portion of 11 tn Drive on the Russell and Riverfront Properties and shall dedicate a non-exclusive easement to access, construct, maintain and use an appropriate stormwater tract for such purpose. The treatment capacity shall be sufficient to accommodate all impervious improvements within the County right-of-way associated with 11th Drive Project. The County shall be responsible for all costs associated with the design, permitting, and construction of these permanent capacity drainage improvements for 11th Drive Project only, excluding developer required impervious area. If prior to development of the Russell Property, drainage for the 11th Drive Project is necessary for design, permitting and construction of 11th Drive Project by the County, , Russell agrees to provide a suitable location compatible with the Russell development plan for the County to construct a temporary stormwater facility and shall provide temporary non-exclusive easement for access, construction, maintenance and use 163 of the temporary stormwater facility. The County shall be responsible for costs associated with design,permitting, and construction of the temporary facility. 8. Russell's obligation to design, permit, and construct the 11th Drive Project in accordance with Chapter 312 of the Indian River County Code of Ordinances is expressly contingent upon Russell's election to proceed with developing the Russell Property. In the event Russell or its assignee elect not to proceed with the development within six (6) months from the date of this Agreement, then the County may proceed to design, permit, and construct the 11th Drive Project at its own cost and expense except Russell Project-Related Improvements. If the County proceeds with design, permitting, and construction of the 11th Drive Project, the County will offer in writing to Russell the opportunity to participate in the design, permitting, and construction of Russell Project-Related Improvements. Notwithstanding the foregoing, Russell shall still timely dedicate the right-of- way as described herein in exchange for impact fee credits and density credits as described above. 9. The Parties acknowledge the County is negotiating to purchase the right-of-way necessary to extend 11th Drive from Russell's south property boundary south to 37th Street. If the County has not entered into a contract for the purchase of said right-of-way within 90 days of the date of this Agreement, then Russell or its successors or assigns shall, include as part of the site plan and right-of-way permitting process, a temporary connection to 12th Drive, to provide a southern access to the Russell Property development from 37th Street. When 11th Drive is completed in an alignment from 37th Street to 41st Street, this temporary access connection to 12th Drive will be closed by Russell or its successors. 10. Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorney's fees and costs from the non-prevailing party. B. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. C. This Agreement may be assigned and shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. D. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any parties hereto. This Agreement shall not be effective unless signed by Russell, Riverfront, and the County. 164 E. Except for the dedication of right-of-way, the obligations of Russell to this Agreement are expressly conditioned upon Russell's decision, at Russell's sole discretion,to proceed with development of the Russell Property. F. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. Time shall be of the essence. G. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. H. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. I. The County, Russell, and Riverfront shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with express intention of this Agreement. J. This Agreement may be executed in any number of duplicate originals and any such duplicate original shall be deemed to constitute one and the same instrument. (Signature pages to follow) 165 IN WITNESS WHEREOF, the parties have executed this Developer's Agreement as of the day and year first above written. The Virginia W. Russell Family Limited Partnership, a Florida limited partnership By: Name/Title: Riverfront Groves, Inc., A Florida corporation By: Name/Title: 166 INDIAN RIVER COUNTY,FLORIDA ATTEST: BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk Name: •Chairman (SEAL) Approved as to form and legal sufficiency: Approved as conforming to County policy: Name: Name: County Attorney County Administrator 167 Exhibit "A " Legal Description - Russell Property Indian River County, Florida LEGAL DESCRIPTION ALL OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST; AND ALL OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; AND ALL OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; AND ALL OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH RANGE 39 EAST; LESS AND EXCEPT THE SOUTH 715 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 25, OF SECTION 25, TOWNSHIP 32 SOUTH RANGE 39 EAST; AND LESS THE SOUTH 715 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; AND LESS THE NORTH 84.85 FEET OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT 991.7 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN SOUTH 660 FEET ALONG THE WEST UNE OF SAID EAST HALF OF SOUTHEAST QUARTER; THENCE RUN EAST 330 FEET; THENCE NORTH 660 FEET; THENCE WEST 330 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPTING THE SOUTH 150.88 FEET THEREOF. ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND LESS THE SOUTH 84.85 FEET OF THE NORTH 424.25 FEET OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT 991.7 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN SOUTH 660 FEET ALONG THE WEST UNE OF SAID EAST HALF OF SOUTHEAST QUARTER; THENCE RUN EAST 330 FEET; THENCE NORTH 660 FEET; THENCE WEST 330 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPTING THE SOUTH 150.88 FEET THEREOF. ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND LESS: THE SOUTH 84.85 FEET OF THE NORTH 169.7 FEET OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT 991.7 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN SOUTH 660 FEET ALONG THE WEST UNE OF SAID EAST HALF OF SOUTHEAST QUARTER;; THENCE RUN EAST 330 FEET; THENCE NORTH 660 FEET; THENCE WEST 330 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPTING THE SOUTH 150.88 FEET THEREOF. ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. AND LESS: INE SOUTH 84.88 FEET OF THE FOLLOWING DESCRIBED PROPERTY; BEGINNING AT A POINT 991.7 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUNNING SOUTH 660 FEET; THENCE EAST 330 FEET; THENCE NORTH 660 FEET. THENCE WEST 330 FEET TO THE POINT OF BEGINNING, LESS THE SOUTH 1/2 ACRE THEREOF. AND LESS: ONE—HALF (1/2) ACRE OFF THE SOUTH END OF THE FOLLOWING DESCRIPTION: BEGINNING AT A POINT 991.7/10 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN SOUTH 660 FEET; THENCE EAST 330 FEET; THENCE NORTH 660 FEET; THENCE WEST 330 FEET TO THE POINT OF BEGINNING, CONTAINING 6 ACRES MORE OR LESS. AND LESS: N THE COUNTY OF INDIAN RIVER, IN THE TOWN OF VERO BEACH, IN THE STATE OF FLORIDA, BEGINNING AT A POINT 991.7/10 FEET SOUTH OF THE NORTHWEST CORNER OF EAST HALF OF SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUNNING SOUTH 660 FEET; THENCE EAST 330 FEET; THENCE NORTH 660 FEET; THENCE WEST 330 FEET TO THE POINT OF BEGINNING, CONTAINING FIVE (5) ACRES MORE OR LESS, WITH THE EXCEPTION OF 1/2 ACRES OF THE SOUTH END OF THE FOREGOING DESCRIPTION, RUNNING 330 FEET FROM EAST TO WEST HAVING BEEN PURCHASED BY IVE W/LUAMS AND JOHNNY MAE WILLIAMS, HIS WIFE FROM THE LEGAL OWNERS, JOSEPH SIMMONS AND JESSIE SIMMONS, HIS WIFE, PRIOR TO THE DEATH OF JOSEPH SIMMONS AND JESSIE SIMMONS, HIS WIFE AND LESS BEGINNING AT A POINT WHICH IS NINE HUNDRED NINETY—ONE AND SEVEN—TENTHS (991.7) FEET SOUTH OF THE NORTHWEST CORNER OF THE EAST HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF SECTION TWENTY—SIX (26), TOWNSHIP 77-IIRTY TWO (32), RANGE THIRTY—NINE (39) EAST, THENCE RUNNING SOUTH SIX HUNDRED SIXTY (66) FEET, THENCE EAST THREE HUNDRED TNIRTY330) FEET, THENCE NORTH SIX HUNDRED SIXTY (660) FEET, THENCE WEST THREE HUNDRED THIRTY (330) FEET, TO POINT OF BEGINNING, CONTAINING FIVE (5) ACRES MORE OR LESS. Sheet 1 of 2 I N S H Drawn by: Checked by File name Date ScaleDrawing Name "This is NOT a Boundary Survey" DMT DMT I 6190 8/ 17/19 I N/A I 6190-rw Masteller, Moler & Taylor, Inc. NOT VALIDl- UT THE SIGNATURE AND THE oRIG +4L AISED SEAL OF A F RIDA � PROFFSSIONAL__SURVEYORS AND MAPPERS LICE 2D URVEY ND NAP !�M LAD SURVEYING BUSINESS /4644 �- MN T� .; wir1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 •DAVID TAYLOR P.L.S.'5243 168 Exhibit "A " Legal Description - Russell Pro_pertyk1,,6 Indian River County, Florida I I�r �� '';;, " — f. I- • ---.-----\ it.s, \ ' o ie.w RIVERFRONT N ••.••s r PROPERTY °. / SNW 1/425-32S-39EOF /4 C ONg' . 30'R/W TO BE DEDICATED T , A _ RlVERMONT PROPERTY aI ZAlf /4,AciA s SOUTH UNEOF RIVERFRONT PROPERTY 3. '0" yur 38th Lille . GIBBFUN OCEAN HEALTH RE VERO BEACH SUBDIVISION ASSOCIATES 38th MEET -) . S BEHAVIOR HEALTH 1.....--....• CENTER , I 0 k @..--) ,z _r____ 1 _ 'INDIAN RIVER COUNTY' Sheet 1 of 2 GAL I S F' l0 & SK IC Drawn by: Checked by File name Date Scale Drawing Name "This is NOT a Boundary Survey" DMT ; DMT 6190 1 8/17/19 1.400. 6190-rw . Masteller, Moler & Taylor, Inc. NOT VALID OUT THE SIGNATURE AND THE 01319i RAISED SEAL OF A FLORIDA bit PROFESSIONAL SURVEYORS AND MAPPERS LIC NSE SURVEYOR AND °P l LAND SURVEYING BUSINESS 7#4644 Mi' 1655 27th Street, Suite 2 Vero Beach, Florida 32960 f - Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P. .S. 5243 169 1 Exhibit " " Legal Description - Riverfront Property Indian River County, Florida EGA DESC=RIPTION ALL OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST,' BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT RIGHT OF WAY FOR INDIAN RIVER BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 870, PAGE 882 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 36.93 ACRES MORE OR LESS. • • Sheet 1 of 2 EG' D S " PT ON 1 S C 4Drawn : Chebyl b Fite name Date Scale Drawing Name "This is NOT a Boundary. Survey" DMT DMT I 6190 18/17/ 19 I N/A I 6190-rw Masteller, Moler & Taylor, Ina NOT VALID yVJ', UT THE SIGNATURE AND THE ORIGINAL piSED SEAL O. LORIDA PROFESS1ON4 SURVEYORS AND MAPPERS LICENSED SURVE ANtj MAP E7 MMT LAND SURVEYING BUSINESS 114644 � 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.L.S. 5243 170 Exhibit "B" Legal Description - Riverfront Property Indian River County, Florida4TNVII-. __ ____ —fit . _ ..4 7 lit.4 41 1 41/4).\.___ • --\''' 'j 30'R/W TO BE DEDICATED 'RUSSELL PROPERTY' 'r I \ RUSSELL ,- , \ PROPERTY � :• 's' NE140FSE1 4 /J 4 SECTION 26-32S-39E " '�' �• EAST UNE OF SECTION 2C-32S-39E '. :;,:f/.•, , J• NEST UNE OF SECTION 28-325-39E— .of} r fit Or' ' •'r 'f — 60''VW TO BE DEDICATED 'RUSSELL PROPERTY" 38th LANE SETI1/4 2O6F—291/349E SSWTI1/�4 2OF W—i/ E RUSSELL RUSSELL PROPERTY PROPERTY OMBRM OCEAN HEALTH RE VERO BEACH SUBDIVISION ASSOCIATES 3811)STEN W S 1 BEHAVIOR HEALTH z H- INDMN g CENTER pi to RIVER COUNTY` - _ -. l H Sheet 1 of 2 LEGAL DESCRIPTION & SKETCH 'Drawn by:IChecked byl File name I Date r Scale I Drawing Name "This is NOT a Boundary Survey" DMT DMT 6190 8/17/19 l 1"=400' 6190-rw Masteller, Moler & Taylor, Inc. NOT VALID Vit-' OUT THE SIGNATURE AND THE ORIG,{� L "AISED SEAL OF FLORIDA 4 PROFESSIONAL SURVEYORS AND MAPPERS LICENSED UR AN► P . .I m LAND SURVEYING BUSINESS 44644 /` r / 11 1655 27th Street, Suite 2 Vero Beach, Florida 32960lib/ Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID TAYLOR P.L. . 5243 171 Exhibit "C" Sketch of Proposed 11th Drive Right-of-Way Indian River County, Florida 111* • --at MEET __Iii— • --- A ir>+ -\'144)\ * 30'R/W TO BE DEDICATED ``, "RUSSELL PROPERTY NEE 1 RUSSELL VPRIVERFRONT t PROPERTY PROPERTY itt NE 1/4 OF SE 1/4 NW 1/4 OF SW 1/4 ! SECTION 26-32S-39E SECTION 25-32S-39E U30'R/W TO BE DEDICATED EAST UNE OF SECTION 55-32S-39F �1 I ONT PROPERTY WEST UNE OF SECTION 25-32S-39E l ii$ �1►` i SOUTH UNE OF RIVERFRONT PROPERTY t l 4 I 60'R/W TO BE DEDICATED M "RUSSELL PROPERTY' 10 40 38th LANE SE 1/4 OF SE 1/4 E) SW 1/4 OF SW 1/4 SECTION 26-325-395 'Q SECTION 25-325-39E RUSSELL lo+ RUSSELL. PROPERTY #' PROPERTY40 � GlBBFlJN OCEANII SOLHEALT RE VERO BEACH 4E SUBDIVISION 38th91tt1 r9 ►` CLEVELAND am g g i{ BEHAVIOR HEALTH = /$ ; CENTER 4) r.--- , ,.4 PROPOSED 60'R/W !l` 'OMAN RIVER COUNTY' _ � SKETCH OF PROPOSED RAV Drawn b : checked byFile name Date Scale Drawing Name "This is NOT o BoundcTry S� Y I Survey" DMT DMT 1._ 6190 8/17/19 1"=400' I 6190-rw Masteller, Moler & Taylor, Inc. NOT VALID�I4IIHOUT THE SIGNATURE AND Al& PROFESSIONAL SURVEYORS AND MAPPERS THE ORI A(YSRAIScD At OF r.„1/4 LIC ISE SUR OR AND AP M' , t LAND SURVEYING BUSINESS 44644 , 111111 1655 27th Street, Suite 2 Vero Beach, Florida 32960 ...."- " Phone: (772) 564-8050 Fax: (772) 794-0647 DAVID T OR P.L. , 5243 172 • ?3. A . • • • • • MEMORANDUM • TO: Board of County Commissioners - FROM: Dylan Reingold, County Attorney DATE: October 10, 2019 • SUBJECT: ElT___th ive Project-Developer'-s-Ad eementJ' • • BACKGROUND. The Capital Improvement Element of the Indian River County 2030 Comprehensive Plan (the "CIE") includes over $7 million for funding for widening of 37th Street from US 1 to Indian_River Boulevard. 11./f CM1 As part of this project,the CIE-includes an-alternative project;Aviatiori'Extennssion US Highway 1 to 37th Street and to 41st Street via McCrystal Drive/11th Drive. The CIE_notes that the Indian River County Board of County Commissioners (the "Board") has authorized the concept, and that staff is coordinating with property owners. • As part of that coordination,Count.y_staff has negotiated a developer's agreement with V riV gmia W.Russell (Family, Ltd. ("Russell")-and-Riverfront--Groves; Inc. for the_dedication of right of way and the_design, permitting and construction of 11th Drive from thecsouthem boun_dai_y-of the Russ-elhpropertyto=4-1St Street- County staff is currently negotiating with the other property owners to,_connect that ro_adway a11 the ways to 3-th-Street-7 Per the proposed developer's agreement,no later than six months from the effective date ofthe developer's agreement-both-property owners will dedicate a combined.-6-0-foot wide-right-of-way:for the design, cpennitting,-andcconstruction of 11-th_Drive)in accordance with(plans_and-.specifications which_shall:be approved-bby all_parties=through-the-County right-of-way permitting process in accordance with Chapter 312-of the Indian River County Code of Ordinances. Pursuant to-Section 1000.-1-2,Lndian-RiveiCounty CO:he property owners.will-recei,ve transportation-impact fee-credits in-eachange-for-the-dedication. . .Additionally,RRuus`sell-Russell --design;-permit,and construct 1 lth Drive as a two-lane roadway from 41st Street to the southern point of the Russell property. All road construction will be in compliance with design plans and standards which have been approved by Indian River County through the County right-of-way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances. Provided the Public Works Director has reviewed the bid documents prior to bidding and the_bids_prior_to approval for-the work described herein,c Indian River County will reimburse R ussell-_for_a11-.design, 4permitting, and construction costs associated_with-the-project? 159 /7c)-1 Board of County Commissioners October 10, 2019 Page 2 Prior to beginning the design and permitting of 11th Drive,Russell will submit an engineer's cost estimate for the design and permitting of that portion of 11th Drive from 41st Street to the southern boundary of the Russell property. Such cost estimate shall be approved by both parties prior to beginning the design agreed upon cost will bepresented to the Board for approval. and permitting of 11th Drive. The p Under the developer's agreement, if Indian River County has not entered into a contract for the purchase of the right-of-way necessary to connect to 37th Street within 90 days of the date of the developer's agreement, then Russell will include as part of the site plan and right-of-way permitting process, a temporary connection to 12th Drive,to provide a southern access to the Russell property from 37th Street. • When 11th Drive is completed in an alignment from 37th Street to 41st Street, the temporary access connection to 12th Drive will be closed. FUNDING. The 37th Street five lane roadway widening project from US 1 to Indian River Boulevard is contained in the County's Capital Improvement Element of the Comprehensive Plan with funding of$7,227,000 from optional sales tax. The project includes an alternate Aviation Extension US Highway 1 to 37th Street and to 41st Street via McCrystal Drive/11th Drive. There is no specific funding amount in the CIE for the agreement, Russell will prepare an engineer's cost estimate for the design and alternate andper theg b p p permitting of the project for review and approval by the Board prior to commencing the project. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners approve and authorize the chair to execute the developer's agreement. ATTACHMENT. Proposed Developer's Agreement 160 13.,3, MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 10, 2019 SUBJECT: Request for Closed Attorney-Client Session Relating to Ocean Concrete, Inc. and George Maib vs. Indian River County(Case No.: 312007CA011589) BACKGROUND. In accordance with Section 286.011(8),Florida Statutes the County Attorney requests that the Indian River County Board of County Commissioners (the "Board") schedule a closed attorney-client session to be held on November 5, 2019 in the County Commissioners' Conference Room. Per Florida Statutes, the subject matter of the meeting shall be confined to settlement negotiations and/or strategy sessions related to litigation expenditures. The attendees at the session will be the Board, the County Administrator, the County Attorney,outside counsel,Paul Berg,and a certified court reporter. Reasonable public notice will be given of the session. It is estimated that the session will last approximately 45 minutes. RECOMMENDATION. The County Attorney recommends that the Board schedule a closed attorney-client session to occur at 10:30 AM on November 5, 2019. 173 t.St a I . Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: October 14,2019 To: Jason E. Brown,County Administrator From: Vincent Burke, PE,Director of Utility Services Himanshu H.Mehta,PE, Managing Director,Solid Waste Disposal District Prepared By: Sue Flak, Recycling Education and Marketing Coordinator Subject: Recycling at Charter Schools Descriptions and Conditions: At the July 3, 2018 meeting, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board discussed the expansion of the successful School District of IRC recycling program to the various charter schools in the county. Staff has been working on the initial planning for the recycling expansion to the following five county charter schools: Imagine South Vero, Indian River Charter High School, North County Charter Elementary, Sebastian Charter Junior High School,and St. Peter's Academy,to establish a robust campus-wide recycling program at each school. The implementation of this program will be the same as the program currently up and running in most of the public schools throughout the county. The five charter schools will receive the necessary recycling containers, equipment and education needed to start a successful recycling program. Next week, the program will be implemented in the remaining public schools. Analysis: To bring this program to fruition, SWDD applied for, and was awarded, a monetary grant of$2,500 from Waste Management's Think Green Grant Program. The SWDD staff would like to publically thank Waste Management for their efforts in supporting efforts to increase recycling to our charter schools.SWDD has determined that the total cost for this program will be approximately$4,500.Therefore,staff is requesting that the SWDD Board support the program by providing the additional $2,000 needed for completion. Staff would utilize the total funding to procure the needed materials and schedule a systematic launch of the program. At some point in the future, staff will request the SWDD Board to adopt a resolution to approve the transfer of the donation, under section 125.38, Florida Statutes,to the various County Charter Schools. 174 Funding: Funding for the recycling containers is available as a sustainability item in the SWDD recycling account under Other Operating Supplies,Account No.41125534-035290,which is funded from SWDD assessments and user fees.The account has a total budget of$30,000. Description Account Number Amount Recycling—Other Operating Supplies 41125534-035290 $2,000 Recommendation: Staff recommends the Solid Waste Disposal District Board approve the funding of up to$2,000 to support the expansion of the school recycling program to the five county charter schools. 175 Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: October 11,2019 To: Jason E. Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Kristin Daniels,Director,Office of Management and Budget Jennifer Hyde, Purchasing Manager Prepared By: Himanshu H.Mehta,PE, Managing Director,Solid Waste Disposal District Subject: Ranking of Firms for RFP 2019045—Yard Waste Processing and Recycling Descriptions and Conditions: On February 5, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board considered an unsolicited Public Private Partnership (P3) proposal, relating to the IRC Landfill, submitted by the Indian River Eco District (IRED), and two supplemental proposals from Gen2, LLC, and Synagro-WWT. The SWDD Board directed staff to enter negotiations to sell generated landfill gas (LFG)to IRED and to re-solicit the other portions of their proposal (yard waste acceptance and processing, improvements to the yard waste area and recycling of concrete at the landfill). On February 19, 2019, the SWDD Board approved the conceptual approach for the issuance of a Request for Proposals (RFP) for yard waste processing and recycling services. Subsequently, staff developed RFP #2019045 with the following scope of work: • Process (Receive, Grind,Screen,and Load) up to 75,000 tons per year of yard waste. • Transport and Dispose/Recycle up to 40,000 tons per year of mulched yard waste. • SWDD reserved the right to keep up to 35,000 tons per year of mulch for landfill cover or any other beneficial use. • The draft sample agreement included an initial term of seven (7) years with a single three (3) year renewal option. • The criteria for initial ranking by the committee members was as follows: 1) Firm Qualification and References (20 Points); 2) Technical Proposal with emphasis on recycling or beneficial reuse of mulch (40 points); and 3) Financial Proposal (40 points). An option for interviews and re-ranking by the committee members was identified in the method of selection. RFP Results: Advertising Date: July 18, 2019 RFP Opening Date: September 17, 2019 Solicitation Broadcast to: 237 Subscribers RFP Documents Requested by: 16 Firms Replies: 7 Firms 176 Seven (7) responses were accepted and initially determined to be responsive. Upon secondary review after the public opening, it was noted that two firms had submitted the proposal pricing form from the original RFP, rather than the pricing form issued with Addendum 1, which had added a column for pricing as a per ton rate. Since the form had changed and addendum 1 noted previous versions of the form should be replaced with the updated version, those two proposers were declared non-responsive, and their submittals removed from consideration. One of those two proposers, Atlas Organics, LLC ("Atlas") submitted a timely protest, asserting that the annual cost was provided on both the original and updated pricing form and requested their submittal be reinstated for consideration. In accordance with the Protest Procedure, the Purchasing Manager reviewed the protest with Department staff and the County Attorney. It was determined that pricing for all proposers can be compared and scored by committee members using the total annual cost present on both versions of the form, rather than the price per ton, as the estimated annual quantities did not change between the forms. The lack of price per ton for the two previously disqualified firms did not prevent equitable comparison of annual pricing, or require the committee to make any calculations for pricing, and no other substantive changes were made to the updated pricing form. The protest was upheld and the submittals of both Atlas and the other non-responsive proposer, Banker's Maintenance and Inspections, LLC ("BMI") were provided to the committee for review with the other five submittals. P.J.'s Land Clearing & Excavating, Inc. (P.J.'s) submitted a timely protest in response to the reinstatement of the Atlas and BMI proposals, asserting the original RFP document required all addendums and their attachments be included in the final RFP submission made by each firm. The Purchasing Manager reviewed this protest with Department staff and the County Attorney and determined P.J.'s claim to be invalid and their protest was denied. Subsequent to the RFP opening, on September 30, 2019, SWDD received a 90-day notice of termination from Mr. Mulch, our current yard waste operator.The effective date for discontinuing their services will be December 30, 2019.This notice is allowed in our contract agreement. Analysis: A selection committee comprised of Kristin Daniels, Director, Office of Management and Budget;Vincent Burke, Director of Utility Services; and Himanshu Mehta, SWDD Managing Director, independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. On September 30, 2019, these scores were compiled by the committee and an overall initial ranking of firms developed. Financial proposals were scored at 40 of 100 possible points. Proposing Firm Location Total Annual Amount 1. Bankers Maintenance and Inspection Vero Beach,FL $1,196,650 2. Justin Industries Loxahatchee, FL $1,263,750 3. Atlas Organics Spartanburg,SC $1,359,750 4. PJ's Land Clearing& Excavation Lake Worth, FL $1,335,000 S. Treecycle Land Clearing Lake Worth, FL $1,623,000 6. Consolidated Resource Recovery Sarasota, FL $2,621,500 7. Russell Payne dba Mr. Mulch Vero Beach, FL $1,580,100 On October 10, 2019, the committee invited the three top ranked proposers to an interview and subsequently developed an overall final ranking of firms. 177 A brief summary of each of the three top ranked proposes is provided below: 1. Bankers Maintenance and Inspection BMI provided the lowest price per ton to process the yard waste and to recycle the mulch not used by SWDD for cover material into compost. BMI proposed to transport the mulch to the NuTerra Organics (Biosolids)facility in Fellsmere, FL or to Scott's Organic. A letter of support from NuTerra was provided by BMI, which included an acceptance rate of 18,000 tons per year. BMI provided some limited experience and equipment capabilities in their proposal. During the interview process, BMI provided information about a new 2019 grinder that they are looking to purchase upon award of this contract. BMI also stated that NuTerra could accept 36,000 tons per year. However, a follow-up call with NuTerra confirmed that their capacity to accept was limited to 18,000 tons per year. No other information was provided about Scott's Organic. BMI has operators available and some equipment available and can start within one week of notice of award. 2. Justin Industries Justin Industries provided the second lowest price per ton to process the yard waste and to recycle the excess mulch via land application to Taylor Farms at the southwest corner of 1-95 and State Road 714 in Martin County. Justin Industries did provide experience in processing yard waste in quantities expected at the IRC Landfill based on their previous yard waste contract in Martin County from 2009 to 2013.Justin Industries has offered to build a 30 ft. by 40 ft. maintenance pad with two Conex buildings providing an improvement value of approximately $60,000 on the SWDD yard waste property. They offered to convey the slab improvement to SWDD if they have a contract period of at least 10 years. Justin Industries has operators and equipment available and can start within 2 weeks of notice of award. 3. Atlas Organics Atlas Organics provided the highest price per ton as compared to BMI and Justin Industries; however, they also provided improvements to the SWDD yard waste property valued at $250,000. In addition, Atlas proposed to build a compost facility on the IRED property to handle food waste and biosolids. Atlas would be responsible for the marketing of the final product to end users. Atlas currently owns and operates compost facilities in North Carolina and South Carolina and utilizes US Compost Council (USCC) certified operators, and their final product meets the USCC seal test of approval. Their reference review from their government clients and their end users, which are typically organic farmers and gardens, was very positive. Atlas plans to build an 110,000 tons per year compost facility on the IRED property using an Extended Aerated Static Pile System, which produces finished compost in 45 to 90 days. Atlas will provide a startup management team; however, the firm has to hire new local people to operate the facility on a long term basis and has the financing available to purchase new equipment ready to be delivered.Their estimated start date is eight weeks from notice of award. Based on the interview process,the Selection Committee re-ranked the top three firms as follows: 1. Atlas Organics 2. Bankers Maintenance and Inspection 3. Justin Industries Staff is prepared to negotiate with the top ranked firm and bring final agreements to the Board for approval. If negotiations fail with the top-ranked firm,staff will work with the second-ranked firm. 178 Funding: Funding for the SWDD Yard Waste Processing and Recycling services is budgeted and available in the SWDD recycling account,which is funded from SWDD assessments and user fees. Description Account Number Amount Recycling—Other Professional Services 41125534-033190 $1,500,000 The current contract with Mr. Mulch for Fiscal Year 2019/2020 was projected to be approximately $1,300,000 based on the existing processing fee of$11.55 per ton and a disposal fee of$9.79 per ton. However, as shown above, staff budgeted $1,500,000 for fiscal year 2019/2020 due to the unknown pricing expected from the RFP process. Although staff's recommendation for the top ranked firm has the highest annual cost out of the three top ranked firms, Atlas's annual cost of $1,359,750 is under the current approved fiscal year 2019/2020 budget. Based on the 90-day notice of termination from Mr. Mulch, it is expected that the first three months of this fiscal year will be paid to Mr. Mulch at the lower cost and the remaining nine months of this fiscal year will be paid to Atlas at the higher cost; however, the resulting overall cost to SWDD will remain below the projected contractual and budgeted costs for this fiscal year. In addition, Atlas has offered to make site improvements to the SWDD property that would provide savings to SWDD. Overall, there is a long-term opportunity in establishing a compost facility next to the landfill property that initially would utilize yard waste with the intent to expand into food waste and biosolids composting. These opportunities would help reduce the quantity of this material from going into our landfill, provide recycling credits and extend the overall capacity of our facility. Recommendation: Staff recommends the Board approve the selection committee's final ranking of firms and authorize negotiations with the top ranked firm,and subsequently ranked firms should negotiations with the top ranked firm fail. Attachments: Letter of Protest from Atlas Organics Response to Protest from Atlas Organics Letter of Protest from P.J.'s Land Clearing Response to Protest from P.J.'s Land Clearing Mr. Mulch 90-Day Notice of Termination 179 ATLAs RGAN lc s Atlas Organics,Inc. 156 Magnolia Street Spartanburg,SC 29306 September 19,2019 Indian River County 1800 27th Street Vero Beach,FL 32960 Re: Disqualification of Atlas Organics Bid for RFP#2019045 To Whom It May Concern: It came to my attention yesterday that our bid for the recycling of yard waste for Indian River County was disqualified for a technical discrepancy in the pricing form. We had some confusion on our team as to which form to use and mistakenly thought that the template in Addendum 1 was the same as the one in the original bid packet. We mistakenly assumed that the language in Addendum 1 was just clarifying which of the two forms in the original bid package to include as they are substantially similar. Our bid has the information included to derive the per ton number need on the final form by dividing the annual cost by the tons processed.It is my belief that this was confusing to others in the bid process as we were not the only entity disqualified for this technicality. I hope that there is a way to rectify or work through this situation with the County as Atlas Organics was truly excited about this opportunity and our partnership with the Indian River Eco-District to revitalize the property adjacent to the landfill as an anchor tenant. We spent the past month working diligently to develop the most effective and quality organics recycling program possible for the County and region. Enclosed in the bid packet were some of the quality products that we create through our composting process. Our desire,in conjunction with the leadership at Indian River Eco-District,is to create a local recycling system promoting the circular economy within your community through composting and the support of regenerative agriculture and landscaping practices that is unmatched. I have enclosed a statement of qualifications for Atlas Organics to provide context to our background and the reason that we hope that we can still be considered for this opportunity.I apologize for our mistake in the bid process and hope that there is still away that we can be considered in the process. Please contact me directly if you have any questions. Very truly yours, ATLAS ORGANICS,INC. By ame:Joseph B.McMillin Title:CEO Phone:864-978-5838 Enclosure 180 ATLAS RGI‘Ni Statement of Qualifications Atlas Organics management has over 23 years of combined experience in the grinding and composting industry currently managing over 77,000 TPY of processing capacity.Our COO,Gary Nihart,managed over 150,000 tons per year of material across 7 facilities in California before moving back to the Southeastern US in 2014 to help divert more organics from the landfill within the region.Currently,Atlas manages facilities in NC,SC,and a pilot scale facility TN. We employee 23 people across our facilities and collection services. Atlas manages the following facilities: • City of Durham,NC(50,000 TPY)-Type IV processing yard waste,food waste and biosolids • City of Durham,NC(15,000 TPY)-Type I processing yard waste • Greenville,SC(12,000 TPY)-Type II processing yard waste and food waste • Chattanooga,TN(<500 cu yds)-Pilot Facility processing yard waste and food waste Atlas also has managed the development and permitting of all of its sites in conjunction with the municipalities involved and is currently managing the development another 50,000 TPY facility. Atlas strives to generate consistent, quality product that can be sold into the marketplace.All of our facilities are run by USCC Certified Operators and our compost product always get the USCC Seal Test of Approval outlined below. Atlas Organics'investors and board have been involved in the waste industry and impact investing for decades and are excited about the possibility of bringing our services to Orange County.We are adequately capitalized and have strong relationships with equipment vendors to mobilize within a few weeks on any new project. Atlas is heavily involved in the USCC and many other state and national organization leading in compost research and market development. As seen in our team,board and consultants bios you will not find a more versed team in the Southeastern US to help you develop and operate a municipal yard waste grinding or composting facility. References and Testimonials: "As Greenville County continues to seek to expand recycling options for its citizens,we are always looking for new opportunities which offer maximum recycling potential for minimal expense. Our partnership with Atlas Organics offers both. They have proven themselves to be honest and reliable, carefully managing food waste recycling/composting in an efficient, methodical manner. In our experience, their operations are thorough and responsible." -Marcia Papin,Greenville County Solid Waste Manager "Atlas Organics has been a great partner helping to modify our Type I permit and start operating our 15,000 TPY yard waste composting program. They have also been helpful in developing and drafting the permit for our Type IV composting facility to come online in early 2019. This facility will be permitted for an additional 50,000 tons per year of processing capacity and be able to help with our biosolids disposal process. Atlas Organics has worked with many governmental departments on both the City and State level to make this project happen and has proven themselves as a good development and operating partner." -Dan Parker,City of Durham Solid Waste Manager 181 September 25, 2019 Mr.Joseph B. McMillin, CEO Atlas Organics, Inc. 156 Magnolia Street Spartanburg,SC 29306 joseph.mcmillin@atlasorganics.net Reference:Decision Regarding Protest of Indian River County Request for Proposals 2019045 Dear Mr. McMillin: We are in receipt of your memo of September 19, 2019 protesting the disqualification of Atlas Organic's submittal in response to the subject request for proposals (RFP) for failure to submit the appropriate pricing form. After review,the protest made by Atlas is upheld. Background Addendum 1 to the RFP was released to answer questions that had been received. One request for clarification led to the modification to the proposal pricing form to reflect per ton pricing in addition to lump sum annual cost, in order to match the scope of work as described throughout the RFP. In response to other questions for clarification,the scopes of work as listed on the proposal pricing form were also modified.These descriptions were modified from"processing"to"Process(receive,grind,screen and load)" and from "recycling"to"transport and dispose/recycle." The response to question 6 on addendum 1 regarding the proposal pricing form states"All previous versions are hereby deleted and replaced with the attached updated Proposal Pricing Form to be used for response to RFP#2019045."Atlas Organics and Bankers Maintenance and Inspections,LLC(BMI)did not provide the updated form as provided in addendum 1, but rather submitted the original form provided in the RFP. Your memo notes the total annual cost is provided on the proposal pricing form submitted, and per ton pricing required can be derived from the information on that form.Your memo also requests the County consider Atlas Organic's proposal, regardless of the failure to provide the required pricing form. Basis for Upholding Protest After review of the two pricing forms (original and Addendum 1)and discussing the basis of your protest with the department, I have determined pricing for all proposers can be compared and scored by the committee members using the total annual cost that is present on both versions of the form, rather than the lump sum price, as the estimated annual quantities did not change between the forms. The lack of lump sum pricing for the two previously disqualified firms does not prevent equitable comparison of annual pricing, or require the committee to make any calculations for pricing,and no other substantive changes were made to the updated pricing form. 182 Conclusion The proposals submitted by Atlas Organics and BMI will be provided to the selection committee for evaluation and scoring, in accordance with the RFP. Notice of any public meetings of the committee will be posted to Demandstar and Vendor Registry via the County's web site. As a reminder, the cone of silence remains in effect, and will remain in effect until the Board of County Commissioners meets to consider an award or rejection of the subject bid. Per the cone of silence policy, you and your agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel until that time. Please feel free to contact me at(772) 226-1575 or by email at jhyde@ircgov.com if you have any questions. Sincerely, Jennifer Hyde Purchasing Manager cc: Mr.Sean Casey, President,Treecycle Land Clearing, Inc. (scasey@treecycleinc.com) Mr.Justin D'Adamo, President,Justin Industries, Inc. (Justinlndustries@ bellsouth.net) Ms. Barbara Hooker, Owner, Bankers Maintenance and Inspections, LLC(barbarahooker@bmireo.com) Mr. Russell Payne, President, Mr. Mulch, Inc. (russell russellpavne.com) Mr. Chris Snow,Vice President of Corporate Affairs, Consolidated Resource Recovery, Inc. (csnow@ resou rcerecoverv.com) Mr. Patrick Wilson, President, P.J.'s Land Clearing and Excavating, Inc. (PAW@pjslandclearing.com) 183 P J.'s 1 and Clearing&Excavating, Inc. IL I P.O. Box 540517 -1 'r�– 4 � Le �— Greenacres, FL 33454 �� rz i (561) 740-9938 1 / tr �+ v 1°, ` �� „ >, (561) 74,0-9981 Fax 1 paw@pislandclearing.com October 2st, 2019 Letter of Protest To whom it may concern, It has come to our attention that after receiving the "Initial Rankings of Firms - Indian River County RFP 2019045", the previously disqualified vendors bidding on RFP 2019045 are now re-qualified even after submitting documentation that did not fulfill the mandatory requirement contained within the original:RFP which states that all addendums and their attachments must be included in the final RFP submission made by.each firm. We believe the lack of providing proper documentation by these twofirms is proper reasoning for disqualification. We hope you understand that for our firm and other firms to provide proper documentation with all updated addendums and their attached updates,we have complied with all requirements through additional effort. The two disqualified firms that failed to adhere to the specific rules and guidelines of the RFP should not be provided the same consideration as the firms that successfully provided the county with a proper RFP submission. Kind Regards, P.J.'s Land Clearing&Excavating, Inc. . 184 October 8, 2019 Mr. Patrick Wilson, President P.J.'s Land Clearing and Excavating, Inc. PO Box 540517 Greenacres, FL 33454 PAW@ pislandclearing.com Reference:Decision Regarding Protest of Indian River County Request for Proposals 2019045 Dear Mr.Wilson: We are in receipt of your memo of October 2nd, 2019 protesting my decision to reinstate the previously disqualified submittals in response to the subject request for proposals (RFP) for failure to submit the pricing form included with Addendum 1. After review, the protest made by P.J.'s Land Clearing and Excavating, Inc. (P.J.'s) is denied. Background An updated proposal pricing form was provided in addendum 1 to the RFP. Atlas Organics and Bankers Maintenance and Inspections, LLC did not provide the updated form as provided in addendum 1, but rather submitted the original pricing form provided in the original RFP document and were disqualified. Both versions of the proposal pricing form did require an annual cost for each of the two services, but the form provided in Addendum 1 also provided a column for proposers to specifically list their per ton price. In review and response to a protest from Atlas Organics regarding the disqualification of their proposal, determined pricing for all proposers can be compared and scored by the committee members using the total annual cost that is present on both versions of the form, rather than the per ton price, as the estimated annual quantities did not change between the forms.The lack of per ton pricing for the two previously disqualified firms does not prevent equitable comparison of annual pricing, or require the committee to make any calculations or make special accommodations. No substantive changes were made to the updated pricing form. Your memo states the two proposers should not have been reinstated because they "did not fulfill the mandatory requirement contained within the original RFP which states that all addendums and their attachments must be included in the final RFP submission made by each firm." Basis for Denying Protest Your assertion that the two reinstated firms"did not fulfill the mandatory requirement contained within the q original RFP which states that all addendums and their attachments must be included in the final RFP submission made by each firm" is incorrect.The "Interpretations" paragraph on page 13 of the RFP states"It shall be the responsibility of each submitter...to make such addenda a part of their submittal," but does not reference attachments to addenda or a requirement to physically include the addenda and/or its attachments in the submitted proposal. Both firms did acknowledge the addenda issued with their response,as indicated in the tabulation of responses read at the RFP opening,and attached to this memo. 185 Conclusion Should P.J.'s disagree with the denial of the protest and the bases described in this response,you may appeal this decision to the Board of County Commissioners. To do so,you must provide written notice of your appeal to me within:seven (7) calendar days of receipt of this decision, per the protest procedure detailed in the Purchasing Manual. As a reminder, the cone of silence remains in effect, and will remain in effect until the Board of County Commissioners meets to consider an award or rejection of thesubject bid. Per the cone of silence policy, you and your agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel until that time. Please feel free to contact me at(772)226-1575 or by email at jhyde@ircgov.com if you have any questions. Sincerely, Jennifer Hyde Purchasing Manager Attachments: Protest Memo from P.J.'s Land Clearing& Excavating, Inc. Initial RFP Tabulation cc: Mr.Sean Casey, President,Treecycle Land Clearing, Inc. (scasev@treecycleinc.com) Mr.Justin D'Adamo, President,Justin Industries, Inc. (JustinIndustries@bellsouth.net) Ms. Barbara Hooker, Owner, Bankers Maintenance and Inspections, LLC(barbarahooker@bmireo.com) Mr.Joseph B. McMillin,CEO,Atlas Organics, Inc., (joseph.mcmillin@atlasorganics.net) Mr. Russell Payne, President, Mr. Mulch, Inc. (russell@russellpayne.com) Mr. Chris Snow,Vice President of Corporate Affairs, Consolidated Resource Recovery,Inc. (csnow@ resou rce recovery.com) 186 Ir 19\\'''''\\, P J.'s Land Clearing&5 Excavating, Inc. �f LI 1 P.O. Box 540517 i F �! ha----Ar, Greenacres, FL 33454 on _ii, r g (561) 740-9938 r_ "�� Y � C (561) 740-9981 Fax k�`�. -- - - paw@njslandclearin .com ��=.��r _ - rvialf October 2st, 2019 Letter of Protest To whom it may concern, It has come to our attention that after receiving the"Initial Rankings of Firms - Indian River County RFP 2019045",the previously disqualified vendors bidding on RFP 2019045 are now re-qualified even after submitting documentation that did not fulfill the mandatory requirement contained within the original RFP which states that all addendums and their attachments must be included in the final RFP submission made by each firm. We believe the lack of providing proper documentation by these two firms is proper reasoning for disqualification. We hope you understand that for our firm and other firms to provide proper documentation with all updated addendums and their attached updates,we have complied with all requirements through additional effort. The two disqualified firms that failed to adhere to the specific rules and guidelines of the RFP should not be provided the same consideration as the firms that successfully provided the county with a proper RFP submission. Kind Regards, P.J.'s Land Clearing&Excavating, Inc. 187 bG . C .Q >- } >- > >- >- >- .0.0 J 00 a) N_ ,C >- } } } } } } Z L U fn a) E' LL OA } } } } } } >- =7 i 8 aJ i 3 to O } } } } } } } N_ 0 E 7 C N } } } } } } } Q E 3 a ri ›- >- >- >- >- >- } .a .a Q a 'am a) 3 m o >- >- >- >- >- >- } J J in CU C 'L CO I- 6 a a fa C G! 4:11 •L .Q U C O }, >- >- >- >- >- >- } U a) W N y C a) Q OS fa U ba C > a) co cc U a) to O C W L a. f6 f�f Q U (ti a, 0 bA y al v~ co i C a) Vf U i cc 0 i 3 a 0 a) ns '� C v 13 a) in .C a, � a } � 7 ca} tifa 6 'C aN d .a „O le o cvC •—ac o _ 0NEN C O co l Z Z . O C y ,— H h C 4' a) as LL LL N LL G G Q 1 O L {J CZ CC h Ce 1= CO CC a U F- Q RUSSELL PAYNE, INC. d/b/a MR. MULCH, INC. 1765 COMMERCE AVE. • Vero Beach, FL 32960 (772) 778-2652 * Fax (772) 778-5800 russet l@ruse)1payne.com September 30, 2019 Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, FL 32968 Himanshu Mehta, It is our intention, at this time, to tender our 90 day notice of termination of our current contract (bid # 2017028) with Indian River County Solid Waste Disposal District. Our effective date for discontinuing our services will be December 30, 2019. We will continue to process, load and dispose of yard waste after December 30th as necessary to complete out contractual obligations. It is no longer in the best interest of our company to continue the mulching and hauling services for Indian River County under our current contract. Sincerely, Russell Payne President 189